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Albenson Enterprises V CA: Elements: (1) There's A Legal Right or Duty (2) Exercised in Bad

The document discusses the principles of abuse of rights and indemnification for damages under Philippine law. It states that individuals must act with justice, give others their due, and observe honesty and good faith in exercising their rights. Any abuse of rights must be intentional and done solely to prejudice another. Additionally, anyone who willfully or negligently causes damage to another must indemnify the damaged party.

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127 views1 page

Albenson Enterprises V CA: Elements: (1) There's A Legal Right or Duty (2) Exercised in Bad

The document discusses the principles of abuse of rights and indemnification for damages under Philippine law. It states that individuals must act with justice, give others their due, and observe honesty and good faith in exercising their rights. Any abuse of rights must be intentional and done solely to prejudice another. Additionally, anyone who willfully or negligently causes damage to another must indemnify the damaged party.

Uploaded by

sweetlunacy00
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Art. 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.
- Principle of Abuse of Rights: codifies the concept of what’s justice and fairplay so that the
abuse of right by a person will be prevented; limitation on all rights
- Albenson Enterprises v CA: Elements: (1) there’s a legal right or duty; (2) exercised in bad
faith; (2) for the sole intent of prejudicing or injuring another
- Act must be intentional

Art. 20. Every person who, contrary to law, wilfully or negligently causes
damage to another, shall indemnify the latter for the same.
- general sanctions for all other provisions of law which don’t especially provide their own
sanctions
- DBP v CA : Good Faith (state of mind which is manifested by the acts of the individual
concerned; intent to abstain from taking an unconscionable and unscrupulous advantage of
another) v Bad Faith (not simply bad judgment or simple negligence, dishonest purpose, or
some moral obliquity; implies an intent to do ulterior and unjustifiable harm)
- Act may be done either willfully or negligently

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