Practice question
A party invokes the right to sue after a court finds repeated proceedings were deliberately used solely to injure. Explain the limits of that defense without imposing liability for every unsuccessful suit.
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.