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E. Legal Injury

1. Concept

Injury – is the illegal invasion of a legal right; damage is the loss, hurt, or harm which results from the injury; and damages – are the recompense or compensation awarded for the damage suffered. (Cristino v. CA, G.R. No. 116100, 09 February 1996)

2. Elements of right

The four elements of rights under the the Hohfeldian incidents:

1) The privilege;

2) The claim;

3) The power; and

4) The immunity. (Standford Encyclopedia of Philosophy. shorturl.at/PU018)

3. Violation of right or legal injury

a. ELEMENTS OF A CAUSE OF ACTION

A cause of action has three elements:

1) A right in favor of the plaintiff by whatever means and under whatever law it arises or is created;

2) An obligation on the part of the named defendant to respect or not to violate such right; and

3) An act or omission on the part of such defendant violative of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff. (China Banking Corporation v. CA, G.R. No. 153267, 23 June 2005)

4. Classes of injury

a. INJURY TO PERSONS

These are injury affecting or on the person of an individual – a.k.a. personal injury.

b. INJURY TO PROPERTY

These are injury affecting or on the property of a person.

c. INJURY TO RELATIONS

These are injury affecting human relations.

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