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Requisites of Abuse of Rights

Requisites of Abuse of Rights 

Article 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.

Requisites –– In order to be liable for damages under the abuse of rights principle, the following requisites must concur: (a) the existence of a legal right or duty; (b) which is exercised in bad faith; and (c) for the sole intent of prejudicing or injuring another; in this case, the petitioners failed to substantiate the above requisites to justify the award of damages in their favor against PNB, who merely exercised its legal right as a creditor pursuant to R.A. No. 7202. (Van De Brug vs. Phil. Nat’l. Bank, G.R. No. 207004, June 06, 2018)

Source: http://sc.judiciary.gov.ph/case-index/2018/january-2018-june-2018/abuse-of-rights/

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