Petitioner
Joyce
Respondent
Ardiente
Citation
G.R. No. 161921
Court
Supreme Court
Division
Third Division
Ponente
Peralta, J.
Decided
July 17, 2013

Summary

Joyce Ardiente sold her property to Ma. Theresa Pastorfide in 1994 with agreement that Pastorfide would assume water/power bills. In 1999, Ardiente requested COWD to disconnect Pastorfide's water supply without notice, claiming non-compliance with account transfer obligation. COWD disconnected service without proper notice despite bills not yet due. Supreme Court affirmed lower courts' finding of abuse of rights under Civil Code Article 19, holding all defendants solidarily liable for damages. The case established that exercise of legal rights must observe justice, good faith, and proper purpose - rights exercised in bad faith causing harm to others result in liability for damages. Court awarded reduced moral and exemplary damages plus attorney's fees, emphasizing deterrent effect against socially deleterious actions.

Statutes applied

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By Intellegal Editorial Board · July 17, 2013

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