Abuse of Rights

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.

Article 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall
indemnify the latter for the same.

Article 21. Any person who willfully 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.

A right, though by itself legal because recognized or granted by law as such, may nevertheless become
the source of some illegality. When a right is exercised in a manner which does not conform with the
norms enshrined in Article 19 and results in damage to another, a legal wrong is thereby committed for
which the wrongdoer must be held responsible. Although the requirements of each provision is different,
these three (3) articles are all related to each other. [Albenson Enterprises v. CA, G.R. No. 88694,
January 11, 1993].

The elements of an abuse of right under Article 19 are the following:

a. There is a legal right or duty;

b. Which is exercised in bad faith;
c. For the sole intent of prejudicing or injuring another. [Albenson Enterprises v. CA, G.R. No. 88694,
January 11, 1993].

It is no defense that a person was motivated by no ill-will nor a person was merely complying with legal
procedures when there can be no other logical conclusion that he was acting unfairly to the prejudice of
another. [Llorente v. Sandiganbayan, G.R. No. 85464, October 3, 1991].

Article 20 speaks of the general sanction for all other provisions of law which do not especially
provide for their own sanction. Thus, anyone who, whether willfully or negligently, in the exercise of
his legal right or duty, causes damage to another, shall indemnify his victim for injuries suffered thereby.
[Albenson Enterprises v. CA, G.R. No. 88694, January 11, 1993].

Article 21 deals with acts contra bonus mores, and has the following elements:

1. There is an act which is legal;

2. but which is contrary to morals, good custom, public order, or public policy; and
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3. It is done with intent to injure. [Albenson Enterprises v. CA, G.R. No. 88694, January 11, 1993].

There is a common element under Articles 19 and 21, and that is, the act must be intentional. However,
Article 20 does not distinguish: the act may be done either "willfully", or "negligently". [Albenson
Enterprises v. CA, G.R. No. 88694, January 11, 1993].

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