G.R. No.

161921
JOYCE V. ARDIENTE
vs.
SPOUSES JAVIER AND MA. THERESA PASTORFIDE, CAGAYAN DE ORO WATER
DISTRICT AND GASPAR GONZALEZ,* JR.
July 17, 2013

PERALTA, J.:

FACTS:

On June 2, 1994 Joyce Ardiente and her husband Dr. Roberto Ardiente entered in a
Memorandum of Agreement (MOA) selling, transferring, and conveying their housing unit at
Emily Homes, Balulang, Cagayan de Oro City in favor of Ma. Theresa Pastorfide. This includes
all their rights and interest in the housing unit encompassing the water and power bill of the
subject property.

On March 12, 1999, without notice, the water connection of Pastorfide was cut by the
Cagayan de Oro Water District (COWD) through orders of general manager Gaspar Gonzalez. In
their defense, the disconnection was due to the outstanding balance incurred by Ardiente on three
separate bills.

A civil case was filed by Pastorfide against Ardiente, COWD, and Gonzalez and the RTC
ruled against the latter citing that the defendants acted in “bad faith.” Defendants appealed
through the CA with the claim that they only acted on the disconnection through Ardiente’s
signal to cut off the waterline and that according to Ardiente, water and power bills were then
transferred to Pastorfide through the MOA . The CA affirmed the decision of the RTC but
modified the awarded damages.

ISSUES:

Whether or not the petitioner should be held liable in the charges even though transfer of
rights were already in place

HELD:

YES. Even though it is the right of Ardiente to require the Pastorfides to cause the
transfer of the water connection account to their names, this should not cause the disconnection
of water supply. “The exercise of a right must be in accordance with the purpose for which it was
established and must not be excessive or unduly harsh; there must be no intention to harm
another. Otherwise, liability for damages to the injured party will attach.”

Ardiente did not advise the Pastorfides about the outstanding balance and at the same
time, acted upon the advice of COWD and Gonzalez in threatening the Pastorfides of
disconnection should it not be paid by the latter. These acts were in clear offense of the
Pastorfides and calls attention to the principle of abuse of rights as enshrined in Article 19 of the
New Civil Code that every person must, in the exercise of his rights and in the performance of
his duties, act with justice, give everyone his dues, and observe honesty and good faith.