Petitioner claims that her request for disconnection was based on the advise of

Petitioner claims that her request for disconnection

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Petitioner claims that her request for disconnection was based on the advise of COWD personnel and that her intention was just to compel the Spouses PastorCde to comply with their agreement that petitioner's account with COWD be transferred in respondent spouses' name. If such was petitioner's only intention, then she should have advised respondent spouses before or immediately after submitting her request for disconnection, telling them that her request was simply to force them to comply with their obligation under their Memorandum of Agreement. But she did not. What made matters worse is the fact that COWD undertook the disconnection also without prior notice and even failed to reconnect the Spouses PastorCde's water supply despite payment of their arrears. There was clearly an abuse of right on the part of petitioner, COWD and Gonzalez. They are guilty of bad faith. The principle of abuse of rights as enshrined in Article 19 of the Civil Code 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. In this regard, the Court's ruling in Yuchengco v. The Manila Chronicle Publishing Corporation 17 17 is instructive, to wit: xxx xxx xxx This provision of law sets standards which must be observed in the exercise of one's rights as well as in the performance of its duties, to wit: to act with justice; give everyone his due; and observe honesty and good faith. CAHTIS In Globe Mackay Cable and Radio Corporation v. Court of Appeals , it was elucidated that while Article 19 "lays down a rule of conduct for the government of human relations and for the maintenance of social order, it does not provide a remedy for its violation. Generally, an action for damages under either Article 20 or Article 21 would be proper." The Court said: One of the more notable innovations of the New Civil Code is the codiCcation of "some basic principles that are to be observed for the rightful relationship between human beings and for the stability of the social order." [REPORT ON THE CODE COMMISSION ON THE PROPOSED CIVIL CODE OF THE PHILIPPINES, p. 39]. The framers of the Code, seeking to remedy the defect of the old Code which merely stated the effects of the law, but failed to draw out its spirit, incorporated certain fundamental precepts which were "designed to indicate certain norms that spring from the fountain of good conscience" and which were also meant to serve as "guides for human conduct [that] should run as golden threads through society, to the end that law may approach its supreme ideal, which is the sway and dominance of justice." (Id.) Foremost among these principles is that pronounced in Article 19 . . . . SAaTHc xxx xxx xxx This article, known to contain what is commonly referred to as the principle of abuse of rights, sets certain standards which must be observed not only in the exercise of one's rights, but also in the performance of one's duties. These standards are the following: to act with justice; to give everyone his due; and to observe honesty and good faith. The law, CD Technologies Asia, Inc. 2018 cdasiaonline.com
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  • Fall '19
  • Supreme Court of the United States, Appellate court, Cagayan de Oro City, Gaspar Gonzalez

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