APPROACH TAKEN/ LAWS APPLICABLE:

(1) An action for light threats under Art. 283 of the Revised Penal Code

Art. 283. Light threats. — Any threat to commit a wrong not constituting a crime, made in
the manner expressed in subdivision 1 of the next preceding article, shall be punished
by arresto mayor.

Elements:
1. That the offender makes a threat to commit a wrong. 

2. That the wrong does not constitute a crime. 

3. That there is a demand for money or that other condition is imposed, even though
not unlawful. 

4. That the offender has attained his purpose or, that he has not attained his purpose.



(2) An action for damages for abuse of rights under Art. 19 of the New Civil Code

Art. 19. 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.

The Supreme Court, in the case of HSBC Limited v. Catalan and Saber v. Court of
Appeals, laid down the elements of abuse of rights:

1. that there is a legal right or duty;

2. which is exercised in bad faith; and
3. for the sole intent of prejudicing or injuring another.

In light of the continuous threat by Soliven that he would call and make a report about Carol
to her employer, which could lead to a disciplinary action against her if not to her dismissal, and
his demands from her for an unreasonable amount of money for the alleged reparation of
manifestly minimal damage on the car he was driving during the incident (P 333, 986.00 for a
dent on the back door of the van), the following actions may be taken by Carol:

(1) An action for light threats under Art. 283 of the Revised Penal Code; and
(2) An action for damages for abuse of rights under Art. 19 of the New Civil Code.

As to light threats, Art. 283 of the RPC provides:

Art. 283. Light threats. — Any threat to commit a wrong not constituting a crime, made in
the manner expressed in subdivision 1 of the next preceding article, shall be punished
by arresto mayor.

The elements of light threats are the following:

1. That the offender makes a threat to commit a wrong. 

2. That the wrong does not constitute a crime. 

3. That there is a demand for money or that other condition is imposed, even though
not unlawful. 

 4. That the offender has attained his purpose or, that he has not attained his purpose.



On the other hand, Art. 19 of the NCC provides:

Art. 19. 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.

The Supreme Court, in the case of HSBC Limited v. Catalan and Saber v. Court of
Appeals, laid down the elements of abuse of rights such as: (a) that there is a legal right or duty;
(b) which is exercised in bad faith; and (c) for the sole intent of prejudicing or injuring another.

While Soliven has a right to demand payment for the repair of the dent on his van
brought by the accident involving him and Carol, the manner by which he exercises such right
should be done with justice and with observance of honesty and good faith, something he failed
to do in this case. His demand of almost P334,000.00 for the minimal damage to his vehicle is
clearly unjust, unfair and dishonest, as it included, among others, replacement of parts which
were not related to the damage caused by the accident. Moreover, he incessantly refuses to
meet or speak with Carol directly to negotiate and settle their dispute. Instead, he makes other
people call her to harass her, and threatens her that should she fail to give in to his demand, he
would report her to her employer. These acts show no other intention but to prejudice, harass,
and injure Carol. Had he intended otherwise, he would have agreed to meet with her, at least
once, to discuss the terms by which they could resolve their issue immediately. As the Supreme
Court said, “a person may not exercise his right unjustly or in a manner that is not in keeping
with honesty or good faith, otherwise he opens himself to liability for abuse of right.”