英语论文网

contain what is commonly referred to as the principle of abuse of rights, sets certain standards which must be observed not only in the exercise of one's rights but also in the performance of one's duties. These standards are the following: to act with justice; to give everyone his due; and to observe honesty and good faith. The law, therefore, 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. But while Article 19 lays down a rule of conduct for the government of human relations and for the maintenance of social order, it does not provide a remedy for its violation. Generally, an action for damages under either Article 20 or Article 21 would be proper. [46]

It was held in Velayo vs. Shell [47] that Article 19 is merely a declaration of principles to be implemented by the succeeding Articles. However, this “cardinal law on human conduct … has given rise to certain rules, e.g. that where a person exercises his rights but does so arbitrarily or unjustly or performs his duties in a manner that is not in keeping with honesty and good faith, he opens himself to liability.” [48]

Article 20 of the Civil Code provides:

Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. [49]

Laws usually provide their own sanctions for violations thereof, including the method for its enforcement. [50] But in case no penalty has been supplied, “this Article serves as a sanction to all violations of right which cause damage to another irrespective of whether the particular law that is violated provides damages or not.” [51] In fact, Article 20 “is broad enough to cover all legal (not moral) wrongs done in violation of law, whether willfully or negligently.” [52] As pronounced by the Court in Albenson Enterprises Corp v. Court of Appeals, “anyone who, whether willfully or negligently, in the exercise of his legal right or duty, causes damage to another, shall indemnify his victim for injuries suffered thereby.” [53]

Acts done willfully or negligently, causing harm to another person, are thus illegal under Article 20. Whether they were committed intentionally or unintentionally, the wrongdoer is not released from his obligation to indemnify the party that was damaged as it was due to his fault or negligence that the damage was done. [54]

Article 21 of the Civil Code provides:

Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. [55]

This Article “deals with acts contra bonus mores, and has the following elements: 1) [t]here is an act which is legal; 2) but which is contrary to morals, good custom, public order, or public policy; 3) and it is done with intent to injure.” [56]

In Globe Mackay, the Court explained that,

[t]his article, adopted to remedy