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DART PHILIPPINES v. SPS. FRANCISCO AND ERLINDA CALOGCOG

This case has been cited 2 times or more.

2016-01-20
LEONARDO-DE CASTRO, J.
Article 19 of the Civil Code "prescribes a 'primordial limitation on all rights' by setting certain standards that must be observed in the exercise thereof."[31] Abuse of right under Article 19 exists when the following elements are present: (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.[32]
2013-10-23
PERALTA, J.
The elements of abuse of rights are as follows: (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.[33]