8/27/2019 Talk About Philippine Law: Joyce Ardiente v. Spouses Javier and Ma.

Javier and Ma. Theresa Pastorfide, Cagayan De Oro Water District and Gaspar G…

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Joyce Ardiente v. Spouses Javier and Ma. Theresa ATTY. EVELY

Pastorfide, Cagayan De Oro Water District and
Gaspar Gonzales, Jr. GR. NO. 161921, July 17, 2013
Hotels in Ocean Shores "Principle of Abuse of Rights" - Article 19 of the Civil Code
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FACTS:

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Ma. Theresa Pastorfide entered a MOA with Joyce Ardiente where the latter sold, conveyed, and
transferred all their rights and interests in the Emily Homes Housing unit to the former. It has been
agreed by the parties that the water bill will remain in the account of Ardiente. On March 12, 1999, Ma.
Theresa's water supply was disconnected without notice. She complained to the Cagayan De Oro Water
District (COWD) and she found out that the account has become delinquent. She paid the three months
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due and wrote a letter through her counsel to the COWD to explain why her water supply was cut
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without notice. Feel free to con
evelyn.bvlaw@
Book Now The general manager of the COWD, Gaspar Gonzalez, replied that it was Joyce Ardiente who
requested the disconnection of the water supply. A complaint for damages was filed against Ardiente,
COWD and Gonzalez by Ma. Theresa. The RTC ruled in favor of Ma. Theresa on the ground that the
defendants committed abuse of their rights. The ruling was upheld by the CA on appeal with
modification on the award of the amount for damages.Hence this petition before the SC.

Hotels in Grand Canyon Village ISSUE:

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Are the defendants liable for damages? from US$60
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RULING:
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Yes. The court ruled that the principle of abuse of rights under Section 19 of the Civil Code was
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violated. It provides that "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."

A right, although it is legal for being recognized by law as such, may nevertheless become the source of
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illegality (Globe Mackay and Radio Corporation v CA), when it is exercised in a manner that does not
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Search conform with the norms enshrined in Article 19 and the same causes damage to another. The person
exercising an abuse of right is thus liable for damages caused to another. The herein petitioner is liable
for damages by ordering the cutting of the water supply of the respondent without giving notice about Book
such intention. The COWD and Gonzalez are likewise liable for damages by disconnecting the water
supply without prior notice and for their subsequent neglect of reconnecting the water supply even when
the respondent already paid the delinquent account.

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case digest, Philippine law, jurisprudence, SCRA abuse of right, article 19, Cagayan De Oro Water from US$109
District and Gaspar Gonzales, civil law, GR. NO. 161921, Joyce Ardiente v. Spouses Javier and Ma.
Theresa Pastorfide, Jr., Principle of Abuse of Rights Book

1 comment: KAYAK® H

Unknown June 29, 2017 at 2:27 AM

This is very clear and helpful. Thank you Atty.! :) Total Pagevie
Reply
3

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