CHAPTER 1.

GENERAL PROVISIONS

Ernesto Uypitching, et al. v. Ernesto Quiamco

GR No. 146322, December 6, 2006
Corona, J.

ISSUE: Can an obligation to pay damages arise from an abuse of a right which is exercised to
the prejudice or injury of another person as when a corporation seized a motorcycle with the
assistance of policemen without a search warrant or order?

DOCTRINE: A blatant disregard for the lawful procedure for the enforcement of its right, to the
prejudice of respondent violated the law as well as public morals, and transgressed the proper
norms of human relations. Article 19, also known as the “principle of abuse of right,” prescribes
that a person should not use his right unjustly or contrary to honesty and good faith, otherwise he
opens himself to liability. There is an abuse of right when it is exercised solely to prejudice or
injure another. The exercise of a right must be in accordance with the purpose for which it was
established and must not be excessive or unduly harsh; there must be no intention to harm
another. Otherwise, liability for damages to the injured party will attach.