Abuse of Right | Human Relations | PRELIMINARY TITLE

Civil Law: Abuse of Rights Doctrine

Under Philippine Civil Law, specifically under the Preliminary Title on Human Relations, the concept of abuse of rights is a fundamental principle that imposes limitations on the exercise of one’s rights. This doctrine, found under Article 19 of the Civil Code of the Philippines, seeks to balance individual rights with social justice and the general welfare. Here’s an in-depth analysis:

Article 19: The Principle of Abuse of Rights

Article 19 of the Civil Code states:

"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."

This provision implies that rights are not absolute and must be exercised responsibly. The abuse of rights doctrine applies when a person exercises a legal right in a way that is contrary to equity, fairness, and justice. Simply put, even if an act is within a person’s legal right, it becomes actionable if performed with the intention of injuring others or violating moral standards.

Elements of Abuse of Rights

Jurisprudence has identified essential elements to establish an abuse of rights. The Supreme Court has ruled that for an act to constitute an abuse of right, the following must be present:

1. Legal Right Exercised: The act in question must involve the exercise of a right recognized by law.
2. Intent to Prejudice or Harm: The right must be exercised in a manner that intentionally causes injury to another person, or with bad faith, malice, or gross negligence.
3. No Legitimate Purpose: The exercise of the right must lack a legitimate purpose, resulting in harm or prejudice to others.

When Abuse of Rights Arises

The abuse of rights doctrine is typically applied in situations where:

1. One’s Act Affects the Rights of Others: When a person’s act adversely affects the rights of another, without any substantial benefit to the actor, but only for the purpose of causing harm or inconvenience.
2. Excessive or Malicious Acts: A person’s rights are exercised excessively, beyond the reasonable limits of what would be considered fair or necessary.
3. Prejudice Against Third Parties: Rights are exercised with a direct, deliberate intention to cause damage or injury to third parties, whether through personal, property, or business interference.

Remedies for Abuse of Rights

If an abuse of rights is proven, a person affected may seek various remedies, depending on the damage or harm caused:

1. Compensation for Damages: Under Article 20 and Article 21 of the Civil Code, any abuse of rights causing harm gives rise to liability for damages.

   • Article 20: Imposes liability for damages when a person willfully or negligently causes injury in a manner that violates the law.
   • Article 21: Provides a remedy for acts that may be lawful but are performed in a manner that is contrary to good morals, customs, or public order.

2. Moral Damages: If the abuse of rights causes emotional or psychological harm, the injured party may claim moral damages.

3. Other Types of Damages: Actual, nominal, and even exemplary damages may be awarded, depending on the extent and nature of the abuse and injury.

Relevant Case Law

The Supreme Court has had several landmark rulings that elaborate on the doctrine of abuse of rights, such as:

• Velayo v. Shell Company of the Philippines Ltd.: The Supreme Court emphasized that the abuse of rights doctrine curtails the unfettered exercise of rights when it infringes upon fairness, honesty, and good faith.
• Sps. Ceniza v. Court of Appeals: The Court held that rights may be subject to judicial intervention if exercised with malice or in a manner that violates equitable principles.
• Far East Bank & Trust Co. v. Pacilan: In this case, the Court clarified that even legal actions can be rendered actionable if they are carried out with the intent to cause injury, without any legitimate business purpose.

Examples of Abuse of Rights

1. Legal Rights Exercised Maliciously: Filing repetitive lawsuits against a competitor, not for the sake of justice but to unduly harass or exhaust their resources.
2. Economic Pressure: Threatening business partners with contract termination as a coercive tactic without valid grounds, purely to gain an unfair advantage.
3. Employment Dismissals: Terminating an employee not for poor performance or legal reasons, but out of personal vendetta or discrimination.

The Concept of Social Justice in Abuse of Rights

The doctrine of abuse of rights is closely aligned with the principle of social justice. In the exercise of one’s rights, one must consider the rights of others and the greater welfare of society. This principle upholds the idea that rights are not purely individualistic but are shared within a social context, where the benefit of one should not unfairly compromise the welfare of another.

Good Faith and Honesty in Civil Relations

Article 19 emphasizes not only justice but also honesty and good faith in human relations. This is important as it sets a standard for behavior that transcends strict legality, ensuring that individuals consider the ethical implications of their actions, even when acting within their rights.

Conclusion

The abuse of rights doctrine is a powerful provision within Philippine Civil Law that acts as a counterbalance against the reckless or malicious exercise of individual rights. While individuals are free to exercise their legal rights, they must do so within the bounds of good faith, justice, and equity.