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Philippine Bar review · Question

Practice question: Abuse of Rights

Multiple Choice Hard Jurisprudence

Practice question

A complainant’s case is dismissed, but the evidence establishes a genuine good-faith investigation and no malicious intent or independently abusive acts. The former respondent invokes Globe Mackay as though every dismissed accusation necessarily proves abuse. Which is correct?
  1. The abusive facts and bad faith must be proved; dismissal alone does not reproduce that case
  2. Every dismissal conclusively proves abuse
  3. A complainant can never investigate in good faith
  4. The court must disregard the actual investigation
  5. All damages are automatic regardless of proof

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles19–21.
  • Globe Mackay v Court of Appeals GR81262 August25,1989 MAIN: https://lawphil.net/judjuris/juri1989/aug1989/gr_81262_1989.html Abusive manner and malicious complaints distinguished from underlying rights.
  • Mercado v Ongpin GR207324 September30,2020 MAIN: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/67004 Damages require proved malice or bad faith.

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