CALIFORNIA CLOTHING, INC. and MICHELLE S. YBAÑEZ, vs. SHIRLEY G.

QUIÑONES
G.RO No. 175822 (2013)

On Abuse of Rights

BarQ:

Respondent Shirley G. Quiñones, employee of Cebu Pacific, went to the Guess USA
Boutique at Robinson’s Department store in Cebu City. Respondent decided to buy the
black jeans. While on her way to Mercury Drug, a Guess employee approached and
informed her that she failed to pay for the jeans that she got. The respondent even
presented the official receipt that was issued to her. She suggested that they should talk
about the matter in the Cebu Pacific Office. The Guess employees allegedly subjected her
to humiliation in front of the clients of Cebu Pacific and repeatedly demanded for
payment they even searched the respondent’s wallet to check how much money she has.
On that same day, the Guess employees allegedly give a letter to the Director of Cebu
Pacific ,but the letters were not receive because it did not concern the office. Respondent
was not even given a copy of the damaging letter.

Respondent filed complaint for damages against the petitioners. Alleging that due to
the incident she suffered physical anxiety, sleepless nights, mental anguish, fright,
serious apprehension, besmirched reputation, moral shock, and humiliation. However,
petitioners contends that they approached the respondent in a gentle and polite manner.
However, the question is whether or not the petitioners exercised their in good faith
under Article 19 of the Civil Code?

Answer:

No. It is evident from the circumstances of the case that petitioners went overboard
and tried to force Shirley to pay the amount they were demanding. Petitioners even sent
a demand letter to Shirley's employer not only informing it of the incident but obviously
imputing bad acts on the part of respondent. Respondent was in possession of the item
purchased from the shop, together with the official receipt of payment issued by
petitioners,. Their claim should have been proven by substantial evidence in such case.
The elements of abuse of rights: 1. There is a legal right or duty, 2. Which is exercised in
bad faith, and 3. For the sole intent of prejudicing or injuring another. Elements of abuse
of rights under the Civil Code are present in this case.