Gilchrist vs.

Cuddy
29 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.”