Question

Subject: Abuse of Rights (Civil Code, arts. 19-22)

Alex and Ben are neighbors in a residential community. Alex enjoys playing the piano as a hobby and occasionally practices at home during the day. Ben, on the other hand, works the night shift and needs to sleep during the day to get sufficient rest. Due to the constant noise coming from Alex's piano playing, Ben is unable to sleep properly and it is affecting his health and work performance.

Feeling frustrated, Ben decides to take matters into his own hands. He starts banging on his walls using a hammer whenever he hears Alex playing the piano, causing Alex to stop playing in order to avoid the noise.

Discuss whether Ben's actions can be considered as Acts Contra Bonus Mores under the doctrine of Abuse of Rights. Cite relevant provisions of the Civil Code, particularly Articles 19-22, to support your answer.