PFR REVIEW Flashcards
Article 19
Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.
ELEMENTS OF THE PRINCIPLE OF ABUSE OF RIGHTS
a. The existence of a legal right or duty;
b. Which is exercised in bad faith;
c. For the sole intent of prejudicing or injuring another.
L-B-P
FEBTC vs. PACILAN 465 SCRA 372 Court Ruling
HELD: In order for an abuse of rights to arise, there must be the presence of three elements:
a. The existence of a legal right or duty
b. Which is exercised in bad faith;
c. For the sole intent of prejudicing or injuring another
UYPITCHING vs. QUIAMCO G.R. No. 146322 | December 5, 2006 Court Ruling
While he exercised his right as an owner of the motorcycle, there was an abuse of right committed by Uypitching. Being the owner as an unpaid seller, he could have properly applied for the appropriate proceedings – in this case, foreclosure of the motorcycle. Also, he should have been armed by a search warrant which, in this case, was not complied with. And because Uypitching is a lawyer, triple costs against him.
CEBU COUNTRY CLUB vs. ELIZAGAQUE
G.R. No. 160273 | January 18, 2008 Court Ruling
HELD: A unanimous vote of the directors is required pursuant to the amendment made in Section 3 © of its articles. Obviously, the board has the right to approve or disapprove an application for proprietary membership. But such right should not be exercised arbitrarily.
Articles 19 and 21 of the Civil Code on the Chapter on Human Relations provide restrictions.
In rejecting respondent’s application for membership, the petitioners violated the rules governing human relations, the basic principles to be observed for the rightful relationship between human beings and for the stability of social order. Petitioners’ committed fraud and evident bad faith in disapproving respondent’s application.
CALATAGAN GOLF CLUB vs. CLEMENTE
G.R. No. 165443 | April 16, 2009 Court Ruling
HELD: There is abuse of rights on the part of the Club. It should have looked into the personal records on file with the Club, he being a member. They could have merely address the demand letter to his residential address for him or call him up through the phone. This was not done by the Club.
ARDIENTE vs. JAVIER
701 SCRA 389 Court Ruling
HELD: Both are solidarily liable for damages, Ardiente and the water district. It should have first informed Pastorfide of the delinquency, instead of immediately disconnecting the water connection.
The exercise of a right must be in accordance with the purpose for which it was established and must not be excessive or unduly harsh; there must be no intention to harm another.
SESBRENO vs. CA & VECO
720 SCRA 57 Court Ruling
HELD: Search warrant is only required when it is the government or any of the agents of the state would make the search, not in this case since VECO is a private establishment. The presence of the member of the Philippine Constabulary is merely for assistance. It did not do the job of the VOC inspectors. There was no basis for the award of damages.
The CA correctly observed that the inspection did not zero in on Sesbreno’s residence because the other houses within the area were similarly subjected to the routine inspection. This, we think, eliminated any notion of malice or bad faith. Clearly, Sesbreno did not establish his claim for damages if the respondents were not guilty of abuse of rights.
SALADAGA vs. ASTORGA
A.C. No. 4697 | November 25, 2014 Court Ruling
Atty. Galas: This is an administrative case. Nevertheless, the Court made mention of Article 19. The lawyer argued that the transaction was not a deed of sale with a right of repurchase but actually an equitable mortgage. According to the Court, if such is true, since he is a lawyer, he could have just executed a deed of REM instead of a deed of sale with right to repurchase.
HELD: More significantly, respondent transgressed the laws and the fundamental tenet of human relations as embodied in Article 19 of the Civil Code.
Respondent, as owner of the property, had the right to mortgage it to complainant but, as a lawyer, he should have seen to it that his agreement with complainant is embodied in an instrument that clearly expresses the intent of the contracting parties.
A lawyer who drafts a contract must see to it that the agreement faithfully and clearly reflects the intention of the contracting parties.
COCA-COLA BOTTLERS vs. BERNARDO
G.R. No. 190667 | November 07, 2016
Court Ruling
HELD: Coca-Cola is liable for damages for abuse of rights and unfair competition under the Civil Code. Both the RTC and the CA found that Coca-Cola had employed oppressive and high-handed schemes to unjustly limit the market coverage and diminish the investment returns of respondents. The CA summarized its findings as follows:
This [cut-throat competition] is precisely what appellant did in order to take over the market: directly sell its products to or deal them off to competing stores at a price substantially lower than those imposed on its wholesalers. As a result, the wholesalers suffered losses, and in Bernardo’s case, laid of a number of employees and alienated the patronage of its major customers including small-scale stores.
Article 21.
Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.
Article 20.
Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.
ELEMENTS OF AN ACTION UNDER ARTICLE 21
L-C-I
1. There is an act which is legal; (It is not contrary to law unlike that of Art. 20)
2. Such act is contrary to morals, good customs, public order
or policy;
3. It is done with intent to injure.
DAMAGES THAT CAN BE PRAYED FROM THE COURT
- MORAL – Ex. Humiliation, sleepless nights, mental anguish, etc.
- EXEMPLARY – to serve as an example;
- NOMINAL – vindication or recognition of a right violated or invaded, and not for the purpose of indemnifying the plaintiff for any loss suffered by him;
- TEMPERATE – refers to pecuniary damages when the amount of damage cannot be proven;
- ACTUAL – actual expenses incurred; the party who suffered must be able to prove that he suffered by evidence (ex. receipts);
- LIQUIDATED – damages agreed upon by the parties in case of breach.
BUENAVENTURA vs. CA
G.R. No. 127358 | March 31, 2005
Court Ruling
Atty. Galas: No. For Article 21 of the Civil Code to apply, the act must be wilful, which is not true when the person is psychologically incapacitated. There is an innate disability on the part of the psychologically incapacitated spouse to comply with the essential marital obligations of marriage. It would be contrary to make Noel liable for damages when there is that innate inability to comply.
HELD: A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.
TANJANCO VS. COURT OF APPEALS AND SANTOS
No case is made under Article 21 of the Civil Code. The plaintiff, a woman of adult age, maintained intimate sexual relations with appellant, with repeated acts of intercourse. Such conduct is incompatible with the idea of seduction. Plainly there is here voluntariness and mutual passion, for had she been deceived, had she surrendered exclusively because of the deceit, artful persuasions and wiles of the defendant, she would not have again yielded to his embraces, much less for one year, without exacting early fulfillment of the alleged promises of marriage
T/F: A breach of promise to marry per se is not an actionable wrong
T
T/F: There is provision in the NCC authorizing an action for breach of promise to marry.
F; NO PROVISION
Article 22.
Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.
It is not necessary that there should have been mistake in the payment.
ACCION IN REM VERSO
T/F Accion in rem verso can only be availed of if there is no other remedy to enforce it based on contract, quasi-contract, crime or quasi-delict.
T
FILINVEST vs. NGILAY
G.R. No. 174715 | October 11, 2012
COURT RULING
Atty. Galas: The SC said it cannot be done. The seller would be unjustly enriched at the expense of Filinvest and thus he needs to return the same.
HELD: The sale of a homestead before the expiration of the 5-year prohibitory period following the issuance of the homestead patent is null and void
GONZALO vs. TARNATE
G.R. No. 160600 | January 15, 2014
Atty. Galas: The principle of unjust enrichment is an exception to the effect where parties are in pari delicto. If Gonzalo will be allowed, then he would be unjustly enriched at the expense of Tarnate. It was shown that, indeed, he provided for the equipment and the labor.
Tarnate is allowed to recover. But because both were in pari delicto, there can be dagames but only the amount due him by reason of the contract.
HELD: Gonzalo and Tarnate were found to be in pari delicto by the court when they knowingly entered into a void contract and as such no affirmative relief of any kind will be given to one against the other.
