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?
- The abusive facts and bad faith must be proved; dismissal alone does not reproduce that case
- Every dismissal conclusively proves abuse
- A complainant can never investigate in good faith
- The court must disregard the actual investigation
- 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.
Answer this question in flashcards to review your response and continue practicing.