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Heirs of Nala V Cabansag

Purisima sent demand letters through her lawyer Alexander to Artemio demanding payment for rentals and that he leave premises that Purisima claimed to own. Artemio filed a complaint for damages against Purisima and Alexander. The court found that Purisima and Alexander did not act in bad faith or with malice in sending demand letters, as Purisima believed the property was owned by her late husband and Artemio was illegally occupying it. Purisima was not aware that the Gomezes had sold a portion of the property to Artemio until he filed his damages case. The court ruled that Purisima was acting within her legal rights to enforce her claim over the property and any damages suffered

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Janine Ismael
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709 views2 pages

Heirs of Nala V Cabansag

Purisima sent demand letters through her lawyer Alexander to Artemio demanding payment for rentals and that he leave premises that Purisima claimed to own. Artemio filed a complaint for damages against Purisima and Alexander. The court found that Purisima and Alexander did not act in bad faith or with malice in sending demand letters, as Purisima believed the property was owned by her late husband and Artemio was illegally occupying it. Purisima was not aware that the Gomezes had sold a portion of the property to Artemio until he filed his damages case. The court ruled that Purisima was acting within her legal rights to enforce her claim over the property and any damages suffered

Uploaded by

Janine Ismael
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Heirs of Nala v.

Cabansag
FACTS: Artemio bought a 50-square meter property from spouses Eugenio and Felisa, part of a 400square meter lot registered in the name of the Gomez spouses.. In October, 1991, he received a
demand letter from Atty. Alexander demanding payment for rentals from 1987 to 1991 until he leaves
the premises, as said property is owned by Purisima; failing which, civil and criminal charges will be
brought against him. This demand letter was followed by another demand letter. According to
Artemio, the demand letter caused him damages prompting him to file a complaint for damages
against Purisima and Atty. Alexander. In their defense, Atty. Alexander alleged that he merely acted
in behalf of his client Purisima, who contested the ownership of the lot by Artemio. Purisima alleged
that the lot was pat of an 800-sq. meter property owned by her late husband, Eulogio, which was
divided into two parts. The 400-square meter lot was conveyed to the spouses Gomez by virtue of a
fictitious deed of sale, with the agreement that it will be held in trust by the Gomezes in behalf of
their (Eulogio and Purisima) children. Artemio is only renting the property which he occupies. She
only learned of the deed of sale by the Gomez spouses to Artemio when the latter filed the case for
damages against her and Atty. Alexander.
ISSUE: Whether or not Artemio and Atty. Alexander and Purisima liable for damages, which the
Court of Appeals affirmed.
HELD: In order to be liable for damages under the abuse of rights principle, the following requisites must
concur: (a) the existence of a legal right or duty; (b) which is exercised in bad faith; and (c) for the sole intent
of prejudicing or injuring another

In the present case, there is nothing on record which will prove that Nala and her
counsel, Atty. Del Prado, acted in bad faith or malice in sending the demand
letters to respondent. In the first place, there was ground for Nalas actions since
she believed that the property was owned by her husband Eulogio Duyan and
that respondent was illegally occupying the same. She had no knowledge that
spouses Gomez violated the trust imposed on them by Eulogio and
surreptitiously sold a portion of the property to respondent. It was only after
respondent filed the case for damages against Nala that she learned of such
sale.
Nala was acting well within her rights when she instructed Atty. Del Prado to
send the demand letters. She had to take all the necessary legal steps to
enforce her legal/equitable rights over the property occupied by respondent.
One who makes use of his own legal right does no injury. Thus, whatever
damages are suffered by respondent should be borne solely by him.

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