Persons Digests - Sep 6.docx

The rtc ca aptly held that ccci committed fraud and

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The RTC & CA aptly held that CCCI committed fraud and evident bad faith in disapproving respondent’s applications. This is contrary to morals, good custom or public policy. Hence, petitioners are liable for damages pursuant to Article 19 in relation to Article 21 of the same Code. Elizagaque was left groping in the dark wondering why his application was disapproved. He was not even informed that a unanimous vote of the Board members was required. When he sent a letter for reconsideration and an inquiry whether there was an objection to his application, petitioners apparently ignored him. Certainly, respondent did not deserve this kind of treatment. Having been designated by San Miguel Corporation as a special non-proprietary member of CCCI, he should have been treated by petitioners with courtesy and civility. At the very least, they should have informed him why his application was disapproved. The exercise of a right, though legal by itself, must nonetheless be in accordance with the proper norm. When the right is exercised arbitrarily, unjustly or excessively and results in damage to another, a legal wrong is committed for which the wrongdoer must be held responsible. 6 It bears reiterating that the trial court and the Court of Appeals held that petitioners’ disapproval of respondent’s application is characterized by bad faith. DAMAGES. As to CCCI’ reliance on the principle of damnum absque injuria or damage without injury, suffice it to state that the same is misplaced. This principle does not apply when there is an abuse of a person’s right ARDIENTE VS JAVIER FACTS: Ardiente and her husband Dr. Roberto S. Ardiente are owners of a housing unit at Emily Homes. Joyce Ardiente sold the housing unit in favor of Pastorfide for 70,000.00. The MOA carries a stipulation that Pastorfide shall be the one paying for the water and power bill but the same shall remain in the name of Javier.
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For four years, Ma. Theresa's use of the water connection in the name of Joyce Ardiente was never questioned nor perturbed. Until without notice, the water connection of Ma. Theresa was cut off. In Cagayan de Oro Water District (COWD), Ma. Theresa was told that she was delinquent for three months and that it was at the instance of Joyce Ardiente that the water line was cut off. Ma. Theresa paid the delinquent bills and on the same date, through her lawyer, Ma. Theresa wrote a letter to the COWD to explain who authorized the cutting of the water line. COWD reiterated that it was at the instance of Joyce Ardiente that the water line was cut off. Ma. Theresa Pastorfide filed complaint for damages against COWD. Ma. Theresa Pastorfide's water line was only restored and reconnected when the RTC court issued a writ of preliminary mandatory injunction.
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  • Spring '14
  • Law, Supreme Court of the United States, Complaint, Pleading

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