Gilchrist vs. Cuddy29 Phil. 542

FACTS:Cuddy leased a cinematograph film ‘Zigomar” to Gilchrist who owned a theater in

Iloilo for one week beginning May 26, 1913 at an agreed rental of P125.00. Defendants Espejo and Zaldariaga induced their co-defendant Cuddy to break his contract of lease with plaintiff Gilchrist by offering Cuddy a rental of P350.00.

ISSUE: Whether or not such acts of Espejo and Zaldariaga were actionable and if so under what legal principle.

HELD:“The liability of the appellants (Espejo and Zaldariaga) arises from unlawful acts

and not from contractual obligations, as they were under no such obligation to induce Cuddy to violate his contract with Gilchrist. So that if the action of Gilchrist had been one for damages, it would be governed by Chapter 2, title 16, book 4 of the (Spanish) Civil Code. Article 1902 of that code provides that a person who, by act or omission, causes damage to another when there is fault or negligence, shall be obliged to repair the damage so done. There is nothing in this article which requires as a condition precedent to the liability of a tortfeasor that he must know the identity of a person to whom he causes damage. In fact, the chapter wherein this article is found clearly shows that no such knowledge is required in order that the injured party may recover for the damage suffered.”