petitioners Albenson, Jesse Yap, its owner and Law 100: Persons and Family Relations Benjamin Mendiona its employee Topic: RTC rendered judgment in favor of plaintiff and against defendants ordering the latter to pay Introduction to Civil Law →Human Relations actual damages P 133,350; moral damages Php List of Statutes / Law discussed: 1M, exemplary damages P 200,000; atty’s fees P 100,000 and cost of suit Art. 19, 20, 21 NCC On Appeal, CA modified the decision as follows: Moral Damages P 1M to P 500,000 G.R. No. 88694 Jan. 11, 1993 Atty’s fees from P 100,000 to P 50,000 Affirmed in all other aspects Case Title: Albenson Enterprises Corp vs. CA
Ponente: Bidin, J. Issue/s:
FACTS: WON private respondent is entitled to damages
arising from malicious prosecution Petitioner Albenson Enterprises Corp (Albenson) delivered to Guaranteed Industries (Guaranteed) mild steel plates which the latter RATIO: ordered. As part payment, Albenson was given a check in Common element in Articles 19 and 21 is that the the amount of P 2,575.00, drawn against the act must be intentional. However, Art. 20 does account of E.L. Woodworks. The same was not distinguish; the act may be done willfully or dishonored for the reason account closed negligently Albenson traced the origin of the check. They Trial court and appellate court mistakenly gathered the following information: (1) From lumped these 3 articles together and cited the SEC - the president of Guaranteed, the recipient same as basis for the award of damages. of the unpaid steel plates, was one Eugenio S. In malicious prosecution, there must be proof Baltao (2) From the Ministry of Trade and that the prosecution had a sinister design to vex Industry - E.L. Woodworks, a single and humiliate a person, that it was initiated proprietorship business, was registered under deliberately by the defendant knowing that his the name of Eugenio Baltao (3) Pacific Banking charges were false and groundless Corp – the signature appearing on the check For damages for malicious prosecution, 3 belonged to one “Eugenio Baltao” elements must be present (1) The fact of the Albenson made an extrajudicial demand upon prosecution and the fact that the defendant private respondent Eugenio S. Baltao, president himself was the prosecutor (2) the prosecutor of Guaranteed to replace/or make good the acted without probable cause and (3) the dishonored check. prosecutor acted or was impelled by legal malice Complaint was filed by petitioner with the Office In the case at bar, the 2nd and 3rd elements do of the Provincial Fiscal of Rizal for violation of BP not exist. There was probable cause which 22. Fiscal Sumaway filed an Information against founded by the petitioner’s anxiety to protect Eugenio S. Baltao. their rights when they filed the criminal case. The However, it appears that respondent Baltao has existence of probable cause signifies the a namesake, his son Eugenio Baltao III, who absence of malice. manages E.L. Woodworks which holds office at The controversy lies in mistaken identity. While the same building as that of Guaranteed. the petitioners may have been negligent, it was Eugenio S. Baltao filed a Motion for not so gross or reckless as to amount to bad Reinvestigation alleging that he was not given an faith. opportunity to be heard in the preliminary Award for damages and atty’s fees is investigation conducted by Sumaway, that he unwarranted where the action was filed in good never had dealings with Albenson, and that the faith check was not issued by him and the signature on said check was not his. FALLO: Provincial Fiscal Castro reversed the finding of WHEREFORE, the petition is GRANTED and the Fiscal Sumaway. He likewise directed Sumaway Decision of CA in G.R. C.V. No. 14948 is hereby to move for the dismissal of the Information on REVERSED and SET ASIDE. Costs against the grounds that the signature was not that of respondent Baltao. Eugenio S. Baltao and that there was no proof of receipt of notice of the investigation Respondent Baltao filed a complaint for damages for the unjust filing of the criminal case