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Philippine Bar review · Question

Practice question: Abuse of Rights

Multiple Choice Medium Jurisprudence

Practice question

A person with authority to investigate workplace losses deliberately uses degrading accusations to humiliate a worker, and the separate bad-faith and damage requirements are proved. The person relies solely on the legitimate power to investigate. Under Globe Mackay, which is correct?
  1. The legitimate power alone does not justify the abusive manner
  2. Every investigative power includes an unrestricted right to humiliate
  3. No civil scrutiny is possible outside the dismissal issue
  4. A private job title repeals Article19
  5. Proof of damage automatically gives the defendant immunity

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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