Article 19 of the Civil Code: Abuse of rights
Status: In force
What does Article 19 say?
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.
What does it mean in plain language?
Article 19 of the Civil Code says that every person must act with justice, give everyone his due, and observe honesty and good faith. This applies when you use your own rights and when you do your duties. In short, having a right is not a license to use it unfairly or in bad faith. The principle is often called "abuse of rights".
Article 19 is the first of the Civil Code's rules on "human relations". It is short, but it sets a standard for everyone: neighbors, landlords, lenders, employers, buyers and sellers. It does not list forbidden acts. It describes how people must behave.
How does it work in real life?
Nilo and the blocked driveway
Nilo owns a lot next to his neighbor Rey's house. Nilo has every right to fence his own lot. But after a quarrel, he builds the fence in a way meant only to make it hard for Rey to park, with no use for Nilo himself. Article 19 asks whether Nilo used his right with justice and in good faith. Whether he did is for a court to decide on the evidence.
Grace and the honest landlord
Grace rents out a room. Her tenant has not paid for three months. Grace sends a written demand and then follows the legal steps to recover the room. She is using her right in good faith. Article 19 does not stop a person from using a right in the proper way.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Article 19 is usually raised together with Article 20 or Article 21, which say who must pay for the damage.
- The person who claims damages must prove the bad faith or unfair conduct and the harm it caused. A court decides on the evidence.
- Many situations also have their own specific rules. For a tenant who will not leave, see how to evict a tenant. For abusive debt collection by lending apps, see online lending app harassment.
- For free or low-cost legal help, see where to find legal help.
What does Article 19 say?
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.
In plain words, the article sets three duties:
- Act with justice. Treat the other person fairly.
- Give everyone his due. Give others what they are entitled to.
- Observe honesty and good faith. Do not deceive, and do not use a right just to harm someone.
The duties apply in two situations: when a person uses a right (for example, a landlord's right to collect rent) and when a person carries out a duty (for example, a seller's duty to deliver what was sold).
Can you be liable for using your own right?
Yes, if you use it in a way that breaks the standard of Article 19. That is the idea behind the name "abuse of rights". A right exists for a purpose. Using it dishonestly, or only to hurt another person, goes against the article.
This does not mean that every use of a right that upsets someone is unlawful. A landlord may still collect rent, and a creditor may still ask for payment. The question is how the right is used: fairly and in good faith, or not.
What happens if someone breaks Article 19?
Article 19 does not say what the remedy is. The articles right after it do:
- Article 20 says a person who, contrary to law, willfully or negligently causes damage to another must pay for it.
- Article 21 says a person who willfully causes loss or injury to another in a way contrary to morals, good customs or public policy must pay for the damage.
Moral damages, which pay for things like mental anguish and social humiliation, may be recovered under Article 2219 in the cases it lists "and analogous cases". Its item (10) names Article 21 and Article 26, among others. Article 19 is not named in that list. Whether moral damages are due in a given case is for the court to decide.
Frequently asked questions
What is the abuse of rights principle in the Philippines?
It is the rule in Article 19 of the Civil Code. Every person, when using his rights and doing his duties, must act with justice, give everyone his due, and observe honesty and good faith. Having a right does not excuse using it in bad faith.
Can I sue someone under Article 19 alone?
Article 19 sets the standard of conduct but does not itself say what the remedy is. The next articles do: Article 20 makes a person who causes damage contrary to law pay for it, and Article 21 covers willful injury contrary to morals, good customs or public policy. Which article fits a given situation is a question for a lawyer.
Does Article 19 apply to landlords, lenders and employers?
Yes. The article says 'every person', and it covers both the exercise of rights and the performance of duties. A landlord, a lender or an employer who has a right still has to use it with honesty and good faith.
Is Article 19 a crime?
No. Article 19 is in the Civil Code. It is about civil liability, which usually means paying damages, not jail. Some acts may also be crimes under other laws, which is a separate question.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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