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Philippine Bar review · Question

Practice question: Abuse of Rights

Multiple Choice Hard Jurisprudence

Practice question

An owner has an undisputed legal power over a property. Proven communications show the owner exercises it in bad faith solely to prejudice a neighbor, causing proven loss. The owner asserts that lawful entitlement alone defeats any human-relations claim. Which is sound?
  1. The right’s existence always defeats scrutiny
  2. Every exercise must be invalid before Article 19 applies
  3. A legal right can be exercised abusively; the proven bad-faith manner, injurious purpose and damage must be assessed under Articles 19-21
  4. The neighbor must prove ownership of the owner’s property
  5. Only criminal conviction can permit relief

Legal references

  • Mercado v. Ongpin, G.R. 207324, September 30, 2020; Civil Code, Articles 19-21: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/67004

Answer this question in flashcards to review your response and continue practicing.