Petitioner
Sergio Amonoy
Respondent
Spouses Jose Gutierrez
Citation
G.R. No. 140420
Court
Supreme Court
Division
Third Division
Ponente
Panganiban, J.
Decided
February 15, 2001

Summary

This case involves civil liability for property damage arising from abuse of rights. Petitioner Amonoy, a lawyer who acquired foreclosed properties including respondents' lot, continued demolishing respondents' house despite receiving a Supreme Court Temporary Restraining Order in 1986. The Supreme Court held that while the initial demolition under court order was legally justified, continuing after the TRO constituted an abuse of rights under Article 19 of the Civil Code. The principle of damnum absque injuria (loss without injury) did not apply because petitioner's acts were no longer a legitimate exercise of rights but an unlawful exercise of a suspended right, done in bad faith. The Court affirmed the Court of Appeals' award of P250,000 actual damages, emphasizing that rights must be exercised with justice, honesty, and good faith.

Statutes applied

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By the Intellegal Editorial Board · February 15, 2001

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