Albetz Investments, Inc. v. Court of Appeals L-32570, Feb. 28, 1977

 Albetz Investments, Inc. v. Court of Appeals L-32570, Feb. 28, 1977


FACTS: Having won a case in a final and executory judgment, the winning party, in having the judgment executed, did not give the occupants of a house (sought to be demolished) sufficient time to remove their personal belongings. Are said occupants entitled to damages?

HELD: Since no reasonable time was given, and the belongings were damaged, the demolition of the house may be said to have been carried out in a manner not consistent with justice and good faith, as required by Art. 19 of the Civil Code. Damages may therefore be awarded in view of this abuse of a right.

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