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The principle of abuse of rights is

found under Articles 19, 20 and 21


of the Civil Code of the Philippines,
which states that:
Art. 19. Every person must, in
the exercise of his rights and in the
performance of his duties, act with
justice, give everyone his due and
observe honesty and good faith.
Art. 20. Every person who,
contrary to law, willfully or
negligently causes damage to
another, shall indemnify the latter
for the same.
Art. 21. Any person who willfully
causes loss or injury to another in
manner that is contrary to morals,
good customs or public policy shall
compensate the latter for the
damage.
What is good faith? Bona Fides,
Sincere intention towards being
honest and being fair
What is willfully? Voluntary
without any influence, out of own
will, innocence of act is not
excusable, opposite of willful is still
punishable
as
it
results
to
negligence. Acts which the laws
refer to are to do or not to do
What
is
morals?
General
principles of what is right and
wrong.
Although the requirements of each
provision is different, these three
(3) articles are all related to each
other.
Abandoned Classical Theory he
who uses a right injures no one.
Grant indemnity for damages in
cases where there is an abuse of
rights, even when the act is not
unlawful.

When a right is exercised in a


manner which does not conform
with the norms enshrined in Article
19 and results in damage to
another, a legal wrong is thereby
committed for which the wrongdoer
must be held responsible.
Abuse of rights:
(1) There is a legal right or duty;
(2) which is exercised in bad faith;
(3) for the sole intent (whether
willfully
or
negligently)
of
prejudicing or injuring another.
Thus, anyone who, whether willfully
or negligently, in the exercise of his
legal right or duty, causes damage
to another, shall indemnify his
victim for injuries suffered thereby.
The damaging act will be the basis
for an award of damages to the
injured party.
REASON:
If
mere
fault
or
negligence in ones acts can make
him liable for damages for injury
caused thereby, with more reason
should abuse or bad faith make
him liable.
CLEAN HANDS DOCTRINE
The innocent in hands, and clean of
heart, who hath not taken his soul
in vain, nor sworn deceitfully to his
neighbor. PSALM 24:4
He who demands justice fairness
and equity must come with clean
hands.
This is to prevent anyone from
profiting
from
their
own
wrongdoing.
The
action
(or
inaction) of the party seeking
equity must be free from fault.
He that hath committed iniquity
shall not have equity

The law, therefore, recognizes the


primordial limitation on all rights:
that in their exercise, the norms of
human conduct set forth in Article
19 must be observed.

A right,
because
law as
become
illegality.

though by itself legal


recognized or granted by
such, may nevertheless
the source of some