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Ardiente vs. Javier, Et Al: (Civil Law: Human Relations Principle of Abuse of Rights Article 19 of The Civil Code)

This case involves a dispute over the cutting off of water supply to property that had been sold and conveyed to new owners, the Pastorfides. The original owner, Ardiente, requested the water district to cut off the Pastorfides' supply when they became delinquent in payments, even though the property and utility accounts remained in Ardiente's name and this was never addressed. The court ruled that Ardiente and the water district improperly cut off the Pastorfides' supply, as Ardiente had already sold the property and was obligated under Article 19 of the Civil Code to act with justice, give everyone their due, and observe honesty and good faith. Cutting off the supply without notice to the

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113 views1 page

Ardiente vs. Javier, Et Al: (Civil Law: Human Relations Principle of Abuse of Rights Article 19 of The Civil Code)

This case involves a dispute over the cutting off of water supply to property that had been sold and conveyed to new owners, the Pastorfides. The original owner, Ardiente, requested the water district to cut off the Pastorfides' supply when they became delinquent in payments, even though the property and utility accounts remained in Ardiente's name and this was never addressed. The court ruled that Ardiente and the water district improperly cut off the Pastorfides' supply, as Ardiente had already sold the property and was obligated under Article 19 of the Civil Code to act with justice, give everyone their due, and observe honesty and good faith. Cutting off the supply without notice to the

Uploaded by

Joven Camus
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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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.

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