Practice question
An employer repeatedly files accusations after receiving exculpatory investigative findings, threatens to overwhelm the worker with proceedings, and uses the filings solely to cause proved injury. The court establishes malice from the whole record. The employer invokes the general right to seek legal redress as absolute immunity. Which is correct?
- That right does not immunize the proved malicious abuse of the process
- Every filing is immune regardless of established malice
- Exculpatory evidence must always be ignored
- Only the number of case captions matters
- A right to sue automatically proves good faith conclusively
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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