Philippine Bar review · Question

Practice question: Abuse of Rights

Multiple Choice Easy Jurisprudence

Practice question

Does Article19 apply only to a person exercising rights, while excluding performance of duties?
  1. No; its text covers both
  2. Yes; every duty is exempt
  3. Yes; only owners have duties under it
  4. Yes; only courts must act fairly
  5. Yes; only sellers are covered

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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