Course Title Civil Law Review 1

Professor Name Atty. Katrina Legarda

Section 4B - LPU
Coverage Lecture 1 - 2

STUDENT NAME CASE TITLE SUBJECT MATTER SALIENT FACTS CASE DOCTRINE

Article 2 of the Civil Code allows

Petitioners sought a writ of the general public to have
mandamus to compel respondent adequate notice of the various
public officials to publish, and/or laws which are to regulate their
cause the publication in the Official actions and conduct as citizens. In
Gazette of various presidential the absence of the notice and
When law takes decrees, letters of instructions, publication requirements, there
effect. NCC 2 general orders, proclamations, would be no basis for the
Revised executive orders, letter of application of the legal maxim
implementation and administrative "ignorantia legis non excusat." It
Administrative Code
orders, invoking the right to be would be an act of injustice to
(RAC) Sec. 18-24 punish or to burden a citizen for
informed on matters of public
Exec. Order 200, the transgression of a law of
concern as recognized by the 1973
Tañada v. Tuvera Sec. 2 constitution. which the person had no notice at
Juixs Floyd Manalo 136 SCRA 27 all, not even a constructive one.
Kasilag was in possession of the Gross and inexcusable ignorance
assailed homestead land and was of the law may not be the basis of
receiving the fruits thereof by virtue good faith. However, excusable
of a mortgage contract which he ignorance due to ignorance or
Kasilag vs. entered into with the owner, error of fact, may be the basis of
good faith.
Sittie Norleah Rodriguez, 69 Ignorance of the law Emiliana Ambrosio. In doing so,
Arimao PHIL 217 NCC 3 Kasilag did not know that he was in
 violation of the prohibition on the
alienation of land. That in
possessing and enjoying the fruits of
the land, such are the attributes of
the contract of antichresis and as a
lien is prohibited by Sec. 116. The
Court ruled that since Kasilag is not
conversant with the laws because
he is not a lawyer, his ignorance of
the provisions of Sec. 116 is
excusable and may be the basis of
his good faith.

Retroactivity of laws The lack of knowledge of a fact

NCC 4, cf. NCC nullifies the election of a remedy
2252 – 2269 which is the only exception to the
rule. A person makes a knowing
and intelligent waiver when that
Revised Penal Code person knows that a right exists
(RPC) 22 and has adequate knowledge
Family Code (FC) The widow filed an action for upon which to make an intelligent
256 damages against DM Consunji, the decision. Waiver requires a
employer of her husband, who died knowledge of the facts basic to
while performing his work as a the exercise of the right waived,
carpenter. DM Consunji, on the with an awareness of its
Mandatory or
other hand, argued that the resort to consequences. That a waiver is
Prohibitory Laws
made knowingly and intelligently
DM Consunji vs. NCC Art. 5 with NCC the benefits under the Workmen’s must be illustrated on the record
Compensation Act bars the
CA, G.R. No. Art. 17 (3) or by the evidence
prosecution of the ordinary civil
137873, April 20, action for damages against the
Dian May Lavilla 2001 tortfeasor.
Kimberly Mae Dela Cruz v. Dela Waiver of rights An owner of a lot executed an GRANTED. It must be clearly
Ellasus Cruz, G.R. No. NCC Art. 6 affidavit of waiver which states: That stated if there is an intent to set a
 192383, NCC Art. 2035 to put everything in proper order, I precondition for the waiver.
December 4, hereby waive all my share, interest Otherwise, the waiver is absolute.
2013. and participation in so far as it refer
to the one half portion xxx of the
above-parcel of land, with and in
favor of xxx. The question is
whether the waiver is absolute or
contains a precondition.
Dona Adela was indebted to BPI
and TIDCORP. The two creditors
decided among themselves how to
settle Dona Adela’s indebtedness to
them through a compromise
Dona Adela v agreement. Included in the said
Tidcorp, G.R. No. compromise agreement is a waiver
Mark Cedric N. 201931, February of Dona Adela’s right to confidential
Joson 11, 2015 bank information.
The AFP stated that a court order
was needed for them to recognize
the Deed of Assignment executed
by Col. Otamias where he waived
Otamias v. 50% of his salary and pension
Republic, G.R. benefits in favor of his separated
No. 189516, June Presumption and wife, Edna, and children Col.
Florence Marie Jose 08, 2016 Applicability of Otamias and Edna.
A compromise agreement
between two parties cannot
involve the waiver of rights of a
third party not a member of the
compromise agreement, without
the latter’s consent.
It is the general rule that a person
may waive any matter which
affects his property, and any
alienable right or privilege of
which he is the owner or which
belongs to him or to which he is
legally entitled, whether secured
by contract, conferred with
statute, or guaranteed by
constitution, provided such rights
and privileges rest in the
individual, are intended for his
sole benefit, do not infringe on the
rights of others, and further
provided the waiver of the right or
 Custom privilege is not forbidden by law,
NCC 11-12 and does not contravene public
policy.
Cf. 1987 Phil. Cons,
Art. XVII Sec. 5 In 1942, Pedrito Anaban (Pedrito) Article 11 of the old Civil Code
ROC Rule 129 (2) and Virginia Erasmo (Virginia) got which provides that customs
married in accordance with the which are contrary to law, public
native customs of the lbaloi Tribe to order or public policy shall not be
which they both belonged. They countenanced. Thus, in 1947,
only two (2) grounds were
had three (3) children, i.e.,
accepted for divorce, i.e., adultery
respondents Betty Anaban-Alfiler, and concubinage. Neither was the
Mercedes Anaban, and Marcelo reason for Pedrito and Virginia's
Anaban. divorce. The Ibaloi council of
elders granted the divorce on
In 1947, however, the council of ground of Virginia's alleged
tribe elders took notice of Virginia's insanity. The divorce, therefore, is
insanity and based thereon contrary to law, hence, cannot be
recognized.
approved the couple's divorce and
allowed Pedrito to remarry.

In 1952, Pedrito got married to

fellow lbaloi Pepang still in
accordance with their tribe's
customs.
They begot eight (8) children - Lardi
Anaban, Teodoro Anaban, Monina
Anaban and respondents Cristita
Anaban v Anaban, Anaban, Crispina Anaban, Pureza
G.R. No. 249011, Anaban, Cresencia Anaban-Walang,
James San Diego March 15, 2021 and Rosita Anaban-Baristo.

Ana Regina C. Ortiz Thornton vs. Repeal of laws This case involves a petition for Implied repeals are not favored.
 Thornton, Aug. 16, NCC 7 issuance of writ Habeas Corpus filed There must be an absolute
2004 cf. 1987 Constitution, by the petitioner Richard for and in incompatibility between the two
Art. XVIII Sec. 3 behalf of his minor child Sequeira laws before an implied repeal may
Thornton, who was with her mother. be drawn. RA 8369 did not
Petitioner initially filed a petition for revoke the Jurisdiction of the CA
habeas corpus in the designated and SC to issue writs of habeas
Family Court in Makati City but was corpus
dismissed because the child was
allegedly in Basilan. He then filed
another petition for habeas corpus
with the CA but was still denied on
the ground that it did not have
jurisdiction over the case as RA
8369 have family courts exclusive
original jurisdiction over petitions for
habeas corpus, it impliedly repealed
RA 7902 and BP 129.
Petitioner Lorna and respondent The doctrine of stare decisis
Zosimo got married in 1975. Lorna expressed in Article 8 of the New
filed for a declaration of nullity of Civil Code enunciates that judicial
their marriage invoking decisions applying or interpreting
psychological incapacity and the law shall form part of the legal
custody of their children. RTC ruled system, which shall constitute part
in favor of petitioner Lorna but CA of that law as of the date of its
reversed the decision that the enactment, unless a prior ruling is
psychological incapacity was not overruled by a new doctrine and
sufficiently proved relying on Santos interpretation.
v. CA and Republic v. Molina.
Petitioner states that these 2 cases
Pesca vs. Pesca, should not have retroactive effect
Matthew Kelby R. G.R. No. 136921. Judicial Decisions and even assuming arguendo, the
Uy April 17, 2001 NCC8 guidelines of the 2 cases should
 only pose advisory, not mandatory.
The compulsory retirement of Chief
Justice Reynato S. Puno by May 17,
2010 occurs just days after the
coming presidential elections on
May 10, 2010. Petitioner questions
whether the incumbent President
De Castro v JBC,
can appoint the successor of Chief
G. R. No. 191002, Justice Puno upon his retirement.
Melvar C. Benedicto April 20, 2010
Respondents assail the decision of
the Court of Appeals in applying the
O’Halloran case arguing that this is
UCPB v Uy, GR not binding pursuant to the doctrine
204039, Jan. 10, of stare decisis because they were
Rainier C. Hofilena 2018 decided by the Court of Appeals.
Duty to render
judgment
NCC 9, 10
RPC 5 Petitioners as substitutes for a petition be denied for merely
deceased party filed on the 14th day
of the 15 days reglementary period
their Motion for Extension of Time to
File their Petition for Review. The
Magat v. Tantrade, Court of Appeals denied their Motion
G.R. No. 205483, despite having filed within the
Justin S. Bayani August 23, 2017 reglementary period.
Prohibition under section 15,
Article VII does not apply to
appointments to fill a vacancy in
the Supreme Court or to other
appointments to the judiciary. The
Court recognized that there may
well be appointments to important
positions which have to be made
even after the proclamation of the
new President.
The doctrine of stare decisis
becomes operative only when
judicial precedents are set by
pronouncements of this Court to
the exclusion of lower courts. At
most, decisions of lower courts
only have a persuasive effect.
A party could not be faulted for
maximizing a period expressly
granted by the law, more so their
exercising a legitimate option.

Sometime in 1974, a judgment was
rendered in favor of Piedad
declaring the deed of sale as null
and void for being a forgery.
Candelaria filed a petition for the
probate of the last will and
testament of Piedad. On July 12,
2010, the heirs of Piedad filed their
Motion praying that the unfinished
writ of execution be resumed. It was
denied by the trial court on the
ground that since more than 12
years had passed since the
decision, it already became final and
executory and should be pursued
through a petition for revival of
judgment and not merely a motion.
Piedad v. Bobilles,
G.R. No. 208614,
Susannie Jean V. November 27,
Acain 2017
The Court distinguished the
definition and penalties of the crime
of “acts of lasciviousness” in RA
7610 (Special Protection of Children
Against Abuse, Exploitation and
Discrimination Act) and in the
People v Tulagan, Revised Penal Code in order to
G.R. No. 227363, clarify the intent of the legislature in
Pietro Santiago March 12, 2019 providing stronger deterrence
If manifest wrong or injustice
would result with the strict
adherence to the statute of
limitations or doctrine of laches, it
would be better for courts to rule
under the principle of equity. To
rule otherwise would result in an
absurd situation where the rightful
owner of a property would be
ousted by a usurper on mere
technicalities. Indeed, it would be
an idle ceremony to insist on the
filing of another action that would
only unduly prolong respondents’
unlawful retention of the premises
which they had, through all
devious means, unjustly withheld
from petitioners all these years.
It is a basic rule in statutory
construction that what courts may
correct, to reflect the real and
apparent intention of the
legislature, are only those which
are clearly clerical errors or
obvious mistakes, omissions, and
misprints; but not those due to
oversight, as shown by a review
 against all forms of child abuse, and of extraneous circumstances,
the evil sought to be avoided by the where the law is clear, and to
enactment of R.A. No. 7610. correct it would be to change the
meaning of the law.

On September 1908, petitioner Acts, not destructive and which

Carmen Ong De Martinez was ran ripen into custom, can not be held
over by a delivery wagon owned by to be themselves unreasonable or
respondent William Van Buskirk imprudent. In fact, the very reason
along Calle Real, Ermita, Manila, why they have been permitted by
society is that they are beneficial
causing severe injury to petitioner
rather than prejudicial.
including a cut on her head. The
cochero was not negligent because
Martinez v. Van the acts that he did to ensure that
Maria Cassandra A Buskirk, 18 Phil. the horse was properly tied was
Catalo 79 correct.

Customs and traditions cannot

supplant existing laws unless
specifically provided under said
Pedrito Anaban and Virginia Erasmo
laws. Under the Civil Code, a
married in accordance with Ibaloi subsisting marriage may be
Presumption and customs. Five years after, the tribe’s dissolved only by death of either
Applicability of elders, citing Virginia’s insanity, spouse or when the marriage is
Custom
approved the couple’s divorce and annulled or declared void.
NCC 11 - 12
allowed Pedrito to remarry. When
cf. 1987 Article 78 of the old Civil Code
Constitution, Art. XII Pedrito died, a lower court in 2015
recognizes the validity of
Sec. 5 ruled that the first marriage was
marriages performed in
Rules of Court Rule validly dissolved in accordance with accordance with the couple's
Anaban v Anaban, 129 (2), (3) the customs of the Ibaloi tribe and customs, rites, or practices, but
Naomi Ysabel G.R. No. 249011, that the children from the second this recognition is limited to the
Imbang March 15, 2021 marriage were the legitimate ones. solemnization of marriage and
 does not extend to its dissolution.

The provisions of the Civil Code

as well as the Administrative
Code of 1987 both dealt with the
computation of legal periods.
Under Article 31 of the Civil Code,
it provided that a year is
equivalent to 365 days whether be
it a regular year or a leap year.
Respondents applied for the refund Under the Administrative Code of
or credit of income tax paid and 1987, a year is composed of
questioned whether the two-year twelve (12) months, making the
number of days as irrelevant.
prescriptive period under Section
Given the incompatibility of the
Internal Revenue 229 of the NIRC for the filing of provisions, the court ruled that
v. Primetown, GR judicial claims was equivalent to 730 provisions of the Administrative
162155, August days as the year 2000 was a leap Code governs the computation of
Juixs Floyd Manalo 28, 2007 year. legal periods.
CIR contended that the Following the legal maxim lex
administrative and judicial claims posteriori derogat priori, the
filed by Aichi on 30 September Administrative Code of 1987,
2004, was beyond the two-year filing which is the more recent law, shall
period for claiming a tax prevail over the Civil Code in
determining the computation of
refund/credit. Since 2004 was a leap
legal periods.
year, CIR claimed that the two-year
filing period expired on 29
Legal periods September 2004, citing Article 13 of
EO 292, RAC Sec. the Civil Code which provides that
Commr. v. Aichi 31 when the law speaks of a year, it is
Forging, G.R. No. Rules of Court (ROC) equivalent to 365 days. However,
Sittie Norleah 184823, October Rule 22 the Court disagreed with CIR
Arimao 6, 2010 because as between the Civil Code
 which provides that a year is
equivalent to 365 days, and the
Administrative Code of 1987, which
states that a year is composed of 12
calendar months, following the
principle of lex posteriori derogat
priori, it is the more recent law that
shall prevail.
Marubeni is a domestic corporation The Supreme Court considered
duly registered with BIR as a VAT the 120+ 30 day period as
taxpayer. It filed its judicial claim of jurisdictional. Hence, it cannot
refund or credit under the VAT escape compliance with the
system without complying with the periods. Its failure to observe the
periods is fatal to its judicial claim
120+30 days. It contends that the
for refund.
failure to comply with said periods
violates only the rule on
Marubeni v CIR, non-exhaustion of administrative
G.R. No. 198485, remedies, which can be waived
Dian May Lavilla June 05, 2017 when not objected to.
A judicial claim for refund was filed DENIED. The 120-day period is
relying upon a general interpretative jurisdictional. However, a general
rule issued by the BIR which states interpretative rule issued by the
that the lapse of the 120-day period BIR may be relied upon by
is not necessary before a taxpayer taxpayers from the time of its
issuance until it is reversed.
could seek judicial relief with the
CTA. While the claim is pending, a
case was decided by the Supreme
CIR v Sibulan, Court where it held that compliance
G.R. No. 209306, with the 120-day period is
Kimberly Mae September 27, mandatory and jurisdictional in filing
Ellasus 2017 an appeal with the CTA.
 While abroad, Del Socorro was An alien divorced from a Filipino is
married to Van Wilsem. Before they still liable for the support of his
were divorced, Del Socorro gave children living in the Philippines
birth to their son. After the divorce, even if their home country has
Del Socorro went back to the laws against such support.
CONFLICT OF
LAWS Philippines with Van Wisem
promising her to provide support.
Del Socorro v Van NCC 14 Unfortunately, through the years,
Wilsem, GR Art. 2, Revised Penal Van Wilsem refused to provide
Mark Cedric N. 193707, Dec. 10, Code support arguing that the laws of his
Joson 2014 country did not require him to do so.
Pastor and Vicenta had a secret A foreign divorce between Filipino
marriage before a Catholic chaplain. citizens, sought and decreed after
Vicenta left for the United States the effectivity of the present Civil
where she filed a complaint for Code, is not entitled to recognition
divorce on the ground of extreme as valid in this jurisdiction; and
mental cruelty, and an absolute neither is the marriage contracted
divorce was granted by the Second with another party by the divorced
Judicial Court of Nevada. She later consort, subsequently to the
sought for the annulment of her foreign decree of divorce, entitled
marriage to Pastor from the to validity in the country.
Tenchavez v.
Archbishop of Cebu. Vicenta
Escaño 15 SCRA remarried an American in Nevada
Florence Marie Jose 355 and acquired American citizenship.
On July 12, 1960,Santiago
Gatchalian, grandfather of William Philippine law, following the lex
Gatchalian, was recognized by the loci celebrationis, adheres to the
Bureau of Immigration as a native
rule that a marriage formally valid
born Filipino citizen following the
citizenship of natural mother where celebrated is valid
Board of everywhere. And any doubt as to
NCC 15 FC 26 par. 2 Mariana Gatchalian. On June 27,
Commissioners the validity of the matrimonial
NCC 16, 2nd par. 1961, William, then 12 years old,
vs. de la Rosa, arrives in Manila from HongKong unity and the extent as to how far
James San Diego 197 SCRA 853 together with a daughter and son of
 Santiago. They had with them
certificate of registration and identity
issued by the Phil. Consulate in
HongKong based on a cablegram
bearing the signature of Sec. of
Foreign Affairs, Serrano, and sought
admission as Filipino Citizens.
This case involves the settlement of
the estate of Felicisimo T. San Luis
who contracted 3 marriages. His first
San Luis vs. San wife died while his second wife, who
Luis, G.R. is an American citizen, acquired
133743, Feb. 2, divorce from a court in Hawaii, USA.
Ana Regina C. Ortiz 2007 He got married to his third wife
the validity of such marriage may
be extended to the consequences
of the coverture is answered by
Art. 220 of the Civil Code in this
manner: "In case of doubt, all
presumptions favor the solidarity
of the family. Thus, every
intendment of law or facts leans
toward the validity of marriage,
the indissolubility of the marriage
bonds, the legitimacy of children,
the community of property during
marriage, the authority of parents
over their children, and the validity
of defense for any member of the
family in case of unlawful
aggression." Bearing in mind the
"processual presumption"
enunciated in Miciano and other
cases, he who asserts that the
marriage is not valid under our
law bears the burden of proof to
present the foreign law.
As an exception to Article 15 of
the NCC and 17 of the NCC
which render divorce void under
the Philippine law so far as
Filipinos are concerned, a
divorce decree validly obtained
abroad by the alien spouse shall
 Felicidad, who upon the death of capacitate the Filipino spouse to
San Luis filed a petition for letters of remarry under the Philippine law.
administration. Onne of his children
oopposed the petition claiming that
Felicidad has no legal capacity to
file the petition as she is just a
mistress. Claims that Felicisimo is
still married to his second wife, as
the divorce decree acquired was not
valid and not recognized in the
Philippines.

Amos G. Bellis lived and was a The second paragraph of Article

citizen of San Antonio, Texas. He 16 of the New Civil Code
had 2 marriages with several expresses that the decedent’s
legitimate children respectively, and national law governs the order of
finally 3 illegitimate children. Maria successional rights, the intrinsic
and Miriam Bellis (both belong to the validity of the provisions of the will
3 illegitimate children) filed an and capacity to succeed.
opposition against the project of
partition alleging that they were
deprived of their legitimes. RTC
ruled approving the “Executor’s
Final Account” relying on NCC16
par. 2, applying the national law of
the deceased which is Texas law
that did not provide for legitimes.
Appellants appealed to SC using
Matthew Kelby R. Amos v Bellis, 20 NCC17 as a counter-argument,
Uy SCRA 358 which should be an exception to
 NCC16 par. 2; hence, Philippine law
should govern.

The Probate court has authority to

After the death of Perkins, a issue the order enforcing (the
domiciliary and ancillary ancillary administrator) Tayag’s
administrator were appointed in New right to the stock certificates when
York and Philippines respectively. the actual situs of the shares of
Due to the refusal of the New York stocks is in the Philippines.
court to surrender the stocks
certificate, the Philippine court
ordered Benguet to cancel it and
issue a new one. The latter refused
on the ground that the old
Tayag v Benguet certificates still exist albeit, in the
Consolidated, GR possession of the New York
L-23145, Nov. 29, NCC 16, 1st par. administrator.
Melvar C. Benedicto 1968
NCC 17 Nippon Engineering and Kitamura Invocation of choice of law is
entered into an Independent premature because there is no
NCC 18 Contractor Agreement (ICA). showing yet of any conflict
Hasegawa informed Kitamura that between the laws of Japan and
the company had no more Philippines.
intention of renewing his ICA. Before determining which law
Kitamura initiated an action for should apply, first there should
Kazuhiro specific performance. exist a conflict of laws situation
Hasegawa vs. requiring the application of the
Kitamura, G.R. Petitioner contends that the ICA had conflict of laws rules. Also, when
No. 149177, been perfected in Japan and the law of a foreign country is
invoked to provide the proper
Abrhiem Nico A. November 23, executed by and between Japanese
rules for the solution of a case,
Angeles 2007 nationals, hence, could only be
 heard in the proper courts of Japan the existence of such law must be
following the principles of lex loci pleaded and proved.
celebrationis and lex contractus.
Petitioner Raytheon (foreign The doctrine of forum non
corporation) failed to pay conveniens requires the prior
respondent Stockton (foreigner) the determination of vital facts, as a
agreed 10% remuneration based on matter of defense, before a court
their contract. should desist from acquiring
jurisdiction over the case and the
parties.
Respondent filed for damages, but
Petitioner sought for dismissal of the
case on grounds of failure to state a
Raytheon v cause of action and forum non
Rouzie, GR conveniens
162894, February
Justin S. Bayani 26, 2008
Pedrito Anaban and Virginia Erasmo DENIED. The habits and customs
married in accordance with Ibaloi of a people, the dogmas and
customs. Five years after, the tribe’s doctrines of a religion cannot be
elders, citing Virginia’s insanity, superior to or have precedence
approved the couple’s divorce and over laws relating to public policy,
NCC 17 because as stated above law
allowed Pedrito to remarry. When
NCC 18 relating to marriage and its
Pedrito died, a lower court in 2015 incidents are normal in nature and
ruled that the first marriage was as such they affect public policy.
validly dissolved in accordance with
Anaban v Anaban, the customs of the Ibaloi tribe and
Susannie Jean V. G.R. No. 249011, that the children from the second
Acain March 15, 2021 marriage were the legitimate ones.

Wassmer v. Velez HUMAN RELATIONS Wassmer and Velez were set to be Mere breach of promise to marry
Pietro Santiago 12 SCRA 648 NCC 19 – 21 married and thus proceeded with is not an actionable wrong.
 wedding preparations. However,
Velez left for his hometown and did
not appear nor was he heard from
again. As a result of the sudden
abandonment and the breach of
promise to marry, Wassmer thus
sued Velez for damages
However, the acquiescence to the
preparation and publicity of a
wedding only to walk out of it
when the matrimony is about to
be solemnized is unjustifiably
contrary to good customs and
would be an actionable wrong
pursuant to Article 21 of the
Family Code.

Due to the petitioner's repeated There is no breach of promise to

promise of marriage, respondent marry when a woman of adult age
finally gave in to the petitioner’s maintains sexual relations with
pleas for carnal knowledge on July voluntariness and mutual passion.
1958 which went on for a year until
respondent became pregnant in
1959 which led to her resignation
from her job as secretary in IBM
Philippines. Due to her
unemployment, she was unable to
support herself and her baby and
because of the unfulfilled promise to
marry by the petitioner, respondent
suffered mental anguish,
besmirched reputation, wounded
Maria Cassandra A Tanjanco v. CA 18 feelings, moral shock, and social
Catalo SCRA 994 humiliation.
Private Respondent filed a ​Breach of promise to marry per se
Naomi Ysabel C. Baksh v. CA, 219 complaint for damages against the is not an actionable wrong but
Imbang SCRA 115 petitioner for the alleged violation of damages pursuant to Article 21
 their agreement to get married. may be awarded not because of
Private respondent alleged that she promise to marry but because of
accepted his love on the condition fraud and deceit behind it.
that they would get married. She
also alleged that the petitioner
forced her to live with him in his
house. The lower court applying Art
21 rendered a decision in favor of
the private respondent ordering the
petitioner to pay moral damages,
attorney’s fees and litigation
expenses.

The Supreme Court defined

immoral conduct as conduct that
is willful, flagrant or shameless,
and that shows a moral
indifference to the opinion of the
good and respectable members of
the community. It held that an
immoral conduct is a conduct
which is willful, shameless or
flagrant, and that shows a moral
indifference to the opinion of the
An administrative case against
good and respectable members of
Mabute, a court stenographer in the community. So, for disbarment
Abanag v Mabute, MCTC in Samar filed by Abanag for or suspension to be justified, the
AM P-11-2922, disgraceful and immoral conduct. act complained of must not only
Juixs Floyd Manalo April 4, 2011 be immoral, but grossly immoral.
Metroheights Petitioner's claim that there was no The Supreme Court held that
Subd. v CMS notice to it prior to the there was a violation of a right.
Construction, G.R. implementation of respondents' Such that Article 19 of the New
Jezzamine Mari No. 209359, Oct. project, thus the latter shall be liable Civil Code deals with the
17, 2018 for damages on the basis of abuse principle of abuse of rights,
of rights under Article 19 of the New thus:
Civil Code.
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.

The elements of an abuse of

rights under Article 19 are: (1)
there is a legal right or duty; (2)
which is exercised in bad faith; (3)
for the sole intent of prejudicing or
injuring another.