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Philippine Bar review · Question

Practice question: Abuse of Rights

Multiple Choice Hard Jurisprudence

Practice question

A court finds a challenged decision mistaken but honestly made, and the claimant proves neither malice nor a sole intent to prejudice. The claimant asks the court to treat any error as automatic Article 19 bad faith and award every requested damage amount. Which is correct?
  1. Every error necessarily proves dishonesty
  2. Every unfavorable decision proves sole injurious intent
  3. Requested damages are always self-proving
  4. Mistake alone does not automatically establish the required abuse; bad faith and the proper damages basis require proof
  5. An honest mistake extinguishes every other possible legal claim

Legal references

  • Mercado v. Ongpin, G.R. 207324, September 30, 2020: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/67004

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