Ardiente vs. Javier, et al

[Civil Law: human relations; principle of abuse of rights; Article 19 of the Civil Code]

Every person must, in the exercise of his right, and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. (Art. 19. New Ciivil Code of the Philippines)

Joyce V. Ardiente, Petitioner, vs. Sps. Javier and Ma. Theresa Pastorfide, Cagayan de Oro Water District and Gaspar Gonzales, Jr., Respondents

G.R. No. 161921; July 17, 2013

Facts:  A petition for review on certiorari under Rule 45 of the Rules of Court seeking to set aside the Decision and Resolution of the Court of Appeals which affirmed the then decision of the RTC regarding its judgment sums of money for moral damages, exemplary damages and attorney’s fees. The decision being contested sprouted from the cutting off of water supply of Pastorfide by the Cagayan de Oro Water District as requested by Ardiente. In this case, Ardiente owned a piece of property, which was subsequently sold and conveyed to Pastorfide, however, the connection of water supply as well as other utilities remained in the name of Ardiente which  was never questioned, until such time that Pastorfide became delinquent in paying the water bill.

Issue: Whether or not it was proper for Ardiente together with Cagayan De Oro Water district to cut off the water supply of Pastorfide owing to the fact that Ardiente has already conveyed ownership of property to Pastorfide.

Ruling:               No, it was not proper. Petitioner's acts which violated the abovementioned provisions of law is her unjustifiable act of having the respondent spouses' water supply disconnected, coupled with her failure to warn or at least notify respondent spouses of such intention. The principle of abuse of Rights in the enshrined 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. It recognizes a primordial limitation on all rights; that in their exercise, the norms of human conduct set forth in Article 19 must be observed. A right, though by itself legal because recognized or granted by law as such, may nevertheless become the source of some illegality. When a right is exercised in a manner which does not conform with the norms enshrined in Article 19 and results in damage to another, a legal wrong is thereby committed for which the wrongdoer must be held responsible.