Dear Atty. Maan,

My family and I prepared and spent for a birthday party for my child. The mother of my child, from whom I have been separated for a year now, initially consented and agreed to bring our child to the event. However, she later changed her mind and did not bring the child to the celebration. Do I have any legal remedies against her for the expenses we incurred in preparing for the party? Can she be held liable for damages, reimbursement, or any violation of her obligations for failing to honor her earlier consent?

Edgar

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Dear Edgar,

Under Article 19 of the Civil Code, every person, in exercising rights and performing duties, must act with justice, give everyone his due, and observe honesty and good faith. This is known as the abuse of rights principle. While Article 19 itself lays down a standard of conduct, liability for its violation arises under Articles 20 and 21, which provide for damages if a right is exercised in bad faith or solely to prejudice another.

This doctrine was applied in Banaria v. Banaria (G.R. No. 217806, 28 July 2020), which involved a family dispute over a birthday celebration. In that case, the Court recognized that while the wife, as guardian, had the overriding right to decide on her husband’s affairs, such right was not absolute. The Court held that she failed to exercise her right in accordance with Article 19 when, despite her earlier commitment and contributions to the preparation of the celebration, she failed to notify the organizers in good faith that her husband would not attend. Her omission caused embarrassment and unnecessary injury to the organizers who had already incurred expenses and made earnest efforts. The Court stressed that even a rightful prerogative cannot be exercised capriciously or in bad faith without liability.

Applying this to your case, the mother’s refusal to bring the child cannot automatically give rise to liability. If her decision was made in good faith, for example, out of concern for the child’s welfare, then the law is unlikely to hold her responsible for the expenses you voluntarily incurred. However, if it can be shown that her change of mind was made in bad faith, with the intent to cause embarrassment or to frustrate the celebration despite prior agreement, then her conduct may be considered an abuse of right under Article 19, and an action for damages may be grounded on Articles 20 or 21.

Hope this helps.

Atty. Mary Antonnette Baudi