EN BANC
[G.R. No. L-10651. March 29, 1958. ]
LUIS BUENAVENTURA, ET AL., Plaintiffs-Appellants, v. DAMASO STO. DOMINGO and FILEMON IGNACIO, as Chief of Police of Boac, Marinduque, Defendants-Appellees.
Leodegario Mogol and Teofilo A. Leonim for Appellants.
Casto Mirafuente and Romeo Kahayon for Appellees.
SYLLABUS
1. DAMAGES; MORAL DAMAGES, ATTORNEY’S FEES AND EXPENSES OF LITIGATION; MALICIOUS PROSECUTION; REQUISITES OF RECOVERY. — The provisions of the Civil Code in making reference to malicious prosecution must necessarily imply that the person to be held liable to pay damages should have acted deliberate]y and with knowledge that his accusation of the person subject of such malicious prosecution, was false and groundless. The same thing is true as regards the demand for attorney’s fees and expenses of litigation authorized under Article 2208, No. 3 of the said Code.
2. ID.; ID.; NON-LIABILITY OF COMPLAINT FOR MALICIOUS PROSECUTION. — The act of a complainant in submitting his case to the authorities for prosecution does not make him liable for malicious prosecution, for it is the Government or representative of the State that takes charge of the prosecution of the offense.
3. ID.; PERSONS’ FREE RESORT TO COURTS AS PUBLIC POLICY; DECREE OF EVIDENCE TO RECOVER DAMAGES. — While Courts must look upon the plight of hapless victims of unfounded and malicious prosecution with tolerance and sympathy, sound principles of justice and public policy dictate that persons shall have free resort to the courts for redress of wrongs and vindication of their rights without fear of later on standing trial for damages where by lack of sufficient evidence, legal technicalities or a different interpretation of the laws on the matter, the case would lose ground and therein defendants are acquitted. Proof and motive that the prosecution or institution of the action was prompted by a sinister design to vex and humiliate a person and to cast dishonor and disgrace must be clearly and preponderantly established to entitle the victims to damages and other rights granted by law; otherwise, there would always be a civil action for damages after every prosecution’s failure to prove its cause resulting in the consequent acquittal of the accused therein.
2. ID.; ID.; NON-LIABILITY OF COMPLAINT FOR MALICIOUS PROSECUTION. — The act of a complainant in submitting his case to the authorities for prosecution does not make him liable for malicious prosecution, for it is the Government or representative of the State that takes charge of the prosecution of the offense.
3. ID.; PERSONS’ FREE RESORT TO COURTS AS PUBLIC POLICY; DECREE OF EVIDENCE TO RECOVER DAMAGES. — While Courts must look upon the plight of hapless victims of unfounded and malicious prosecution with tolerance and sympathy, sound principles of justice and public policy dictate that persons shall have free resort to the courts for redress of wrongs and vindication of their rights without fear of later on standing trial for damages where by lack of sufficient evidence, legal technicalities or a different interpretation of the laws on the matter, the case would lose ground and therein defendants are acquitted. Proof and motive that the prosecution or institution of the action was prompted by a sinister design to vex and humiliate a person and to cast dishonor and disgrace must be clearly and preponderantly established to entitle the victims to damages and other rights granted by law; otherwise, there would always be a civil action for damages after every prosecution’s failure to prove its cause resulting in the consequent acquittal of the accused therein.
D E C I S I O N
FELIX, J.:
This is an appeal from a resolution of the Court of First Instance of Marinduque dismissing the complaint in Civil Case No. R- 966 for lack of sufficient evidence to establish that therein defendants acted with malice in the filing of the complaint in Criminal Case No. 501 of the Justice of the Peace Court of Boac, Marinduque. The facts of the case are as follows:chanrob1es virtual 1aw library
It appears that on July 23, 1953, at the order of Rufina Mandia, administratrix of Espiridión Llena’s estate, Luis Buenaventura, Dominador Linga, Santos Mascarenas, Luis Malagotnot, Efrén Mascarenas, Bienvenido Mascarenas, Pedro Mandia and Basilio Linga gathered nuts from coconut trees planted on certain parcels of land located at barrio Bantay, Boac, Marinduque. D
It appears that on July 23, 1953, at the order of Rufina Mandia, administratrix of Espiridión Llena’s estate, Luis Buenaventura, Dominador Linga, Santos Mascarenas, Luis Malagotnot, Efrén Mascarenas, Bienvenido Mascarenas, Pedro Mandia and Basilio Linga gathered nuts from coconut trees planted on certain parcels of land located at barrio Bantay, Boac, Marinduque. D
