Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1985 > January 1985 Decisions > G.R. No. 50473 January 21, 1985 - JOSE TAN KAPOE, ET AL. v. SILVESTRE MASA, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 50473. January 21, 1985.]

SPOUSES JOSE TAN KAPOE and CONCEPCION NGO KAN, Petitioners, v. SILVESTRE MASA, ENRIQUE MASA, JESUS MASA, FRANCISCO MASA, ROGELIO MASA, AURELIA HERNANDEZ, ANGEL MALUNAY, PRESCILA HERNANDEZ, SIMPLICIA HERNANDEZ, Minors ENRICO MASA and BRIGIDO MASA, and the HONORABLE COURT OF APPEALS, Respondents.

Tañada, Sanchez, Tañada and Tañada Law Office, for Petitioners.

Enrique C. Villanueva for Respondents.


SYLLABUS


1. CIVIL LAW; DAMAGES; MORAL DAMAGES; RESULTS OF FILING OF UNFOUNDED SUCCESSIVE COMPLAINTS; FACTUAL BASIS FOR THE AWARD. — It is true that the award of moral damages was made on the basis of documentary evidence consisting of Orders of the Court in the cases filed against private respondents without supporting oral testimonies. However, we find that the results of the filling of the unfounded successive complaints satisfactorily prove the existence of the factual basis for moral damages and the causal relation to petitioners’ acts. Case after case was filed by petitioners. Not a single one prospered. Private respondents also suffered the humiliation of incarceration. Beyond doubt, petitioners’ motive was obviously for harrassment and embarrassment of private respondents and as a retaliatory measure for the agrarian case for conversion that they had filed, making the latter suffer moral suffering and anxiety.

2. ID.; ID.; EXEMPLARY DAMAGES; AWARD POSSIBLE EVEN THOUGH NOT EXPRESSLY PLEADED. — The award of moral and exemplary damages in an aggregate amount may not be the usual way of awarding said damages. However, there can be no question that the entitlement to moral damages having been established, exemplary damages may be awarded. And exemplary damages may be awarded even though not so expressly pleaded in the complaint nor proved.

3. ID.; ID.; ATTORNEY’S FEES, RECOVERABLE IN CRIMINAL CASES OF MALICIOUS PROSECUTION. — Attorney’s fees are also recoverable when exemplary damages are awarded, and in criminal cases of malicious prosecution against the plaintiff. The sum of P3,000.00 awarded is, to our minds, reasonable.


R E S O L U T I O N


MELENCIO-HERRERA, J.:


A Petition for Review seeking the reversal of the Decision of respondent Court of Appeals, which affirmed the Decision of the Court of First Instance of Laguna, Branch I, awarding moral and exemplary damages as well as attorneys’ fees and costs of suit to private respondents on the ground of malicious prosecution by petitioners.

Respondent Silvestre MASA is petitioners’ tenant of a parcel of land located at Bo. Dila, Bay Laguna. The other respondents are his co-workers except for minors Enrico Masa and Brigido Masa, who represent their deceased father Felipe Masa.

Silvestre MASA, who had been petitioners’ tenant for ten (10) years, wrote the latter asking for the conversion of their share tenancy relationship to one of leasehold, which petitioners rejected.

MASA then filed before the then Court of Agrarian Relations (CAR) at Los Baños, Laguna, a petition for conversion, which petitioners opposed and who, instead filed a petition for ejectment before the same Agrarian Court. Eventually, the conversion was authorized and the same was affirmed by this Court in G.R. No. L-29784.

Even at the incipience of the agrarian dispute, petitioners started filing one criminal case after another against MASA and his co-respondents, totalling six cases in all. The first two were for Grave Threats and Oral Defamation, respectively. Eventually, the charge for Grave Threats was dismissed by the Municipal Court of Bay, Laguna, while in the case for Oral Defamation, MASA was acquitted.chanrobles.com : virtual law library

The third criminal complaint against MASA before the Municipal Court of Bay, Laguna, was for violation of Section 39 of Republic Act No. 1199 for having harvested his land-holding without prior notice to petitioners, which charge was dismissed for want of probable cause.

About six years later, petitioners filed a fourth criminal complaint against MASA, Jesus Masa and Enrique Masa also before the Municipal Court for alleged Usurpation of Real Rights. This was followed by a fifth criminal complaint against MASA for Malicious Mischief. Finally, petitioners filed the sixth and last criminal complaint before the Municipal Court against MASA and the other respondents for Malicious Mischief. On the same day that the last Complaint was filed, private respondents were arrested and incarcerated. MASA posted bail and was released (Exhibit "JJ") but all the rest were released only two days later after their bail bonds were approved (Exhibit "KK"). The fourth, fifth and sixth criminal cases were eventually dismissed by the Municipal Court.

This time, private respondents filed a Complaint for moral and exemplary damages against petitioners for Malicious Prosecution before the then Court of First Instance of Laguna. After trial on the merits, the Court rendered a Decision awarding the damages prayed for and attorney’s fees as follows:jgc:chanrobles.com.ph

"WHEREFORE, in view of the foregoing considerations, judgment is hereby rendered for the plaintiffs and the defendant Jose Tan Kapoe is hereby ordered to pay plaintiffs Silvestre MASA P20,000.00, Felipe Masa, now deceased, thru his minor children plaintiffs Enrico and Brigida, both surnamed Masa P5,000.00, Jesus Masa P8,000.00, Enrique Masa P8,000.00, Aurelia Hernandez, P5,000.00, Angel Malunay, P5,000.00, Francisco Masa P5,000.00 and Rogelio Masa P5,000.00 as moral and exemplary damages aside from costs of suit and the sum of P3,000.00 in the concept of attorneys’ fees."cralaw virtua1aw library

Respondent Court of Appeals affirmed said judgment on appeal. Hence, this petition to review that affirmance, to which we gave "limited due course in so far as the award of moral and exemplary damages and attorney’s fees is concerned."cralaw virtua1aw library

Petitioners submit that moral damages cannot be awarded in the absence of any testimony as to physical suffering, mental anguish, fright, serious anxiety, social humiliation and similar injuries; and that moral damages and exemplary damages cannot be merged in one award.chanrobles law library

It is true that the award of moral damages was made on the basis of documentary evidence consisting of Orders of the Court in the cases filed against private respondents without supporting oral testimonies. However, we find that the results of the filling of the unfounded successive complaints satisfactorily prove the existence of the factual basis for moral damages 1 and the causal relation to petitioners’ acts. 2 Case after case was filed by petitioners. Not a single one prospered. Private respondents also suffered the humiliation of incarceration. Beyond doubt, petitioners’ motive was obviously for harrassment and embarrassment of private respondents and as a retaliatory measure for the agrarian case for conversion that they had filed, making the latter suffer moral suffering and anxiety.

The award of moral and exemplary damages in an aggregate amount may not be the usual way of awarding said damages. However, there can be no question that the entitlement to moral damages having been established, exemplary damages may be awarded. 3 And exemplary damages may be awarded even though not so expressly pleaded in the complaint nor proved. 4

Attorney’s fees are also recoverable when exemplary damages are awarded 5 , and in criminal cases of malicious prosecution against the plaintiff. 6 The sum of P3,000.00 awarded is, to our minds, reasonable.

Although entitlement to damages has been proven, we find the aggregate award of damages excessive, and hereby modify the same as follow:chanrob1es virtual 1aw library

For Silvestre Masa against whom 6 criminal cases

were filed, and who was incarcerated once P7,000.00

For Jesus Masa and Enrique Masa against whom 2

criminal cases were filed and who were incarcerated once. 3,000.00

each

For Angel Malunay, Prescilla Hernandez, Aurelia

Hernandez, Francisco Masa, Simplicia Hernandez and

Rogelio Masa against whom one criminal case each was

filed and who were incarcerated once P2,000.00

each

For Enrico Masa and Brigido Masa, as represen-

tatives of the deceased Felipe Masa against whom one

criminal case was filed and who was incarcerated once 2,000.00

Private respondents are likewise awarded the sum of P200.00 each as exemplary damages.

ACCORDINGLY, except for the modifications above indicated, the judgment under review of the then Court of Appeals is affirmed in all other respects.

SO ORDERED.

Teehankee (Chairman), Plana, Relova and De la Fuente, JJ., concur.

Gutierrez, Jr., J., took no part.

Endnotes:



1. Article 2217, 2219 (8), Civil Code; Hawpia v. Court of Appeals, et al 20 SCRA 535 (1967); Ventura v. Bernabe, 38 SCRA 587 (1971).

2. Enervida v. de la Torre, 55 SCRA 340, 346 (1974).

3. Article 2234, Civil Code; Yutuk v. Meralco, 2 SCRA 337 (1961).

4. Article 2234, Civil Code; Marchan v. Mendoza, 24 SCRA 889 (1968).

5. Article 2208 (1) Civil Code.

6. Article 2208 (3) ibid.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






January-1985 Jurisprudence                 

  • G.R. No. L-67215 January 4, 1985 - RAFAEL LAZATIN, ET AL. v. COMMISSION ON ELECTIONS, ET AL.

  • A.M. No. R-4-RTJ January 17, 1985 - MANUEL T. UBARRA v. JOSE H. TECSON

  • G.R. No. L-28520 January 17, 1985 - IN RE: SATURNINA VDA. DE CASTRO v. REPUBLIC OF THE PHIL.

  • G.R. No. L-34803 January 17, 1985 - TRIFONA SEECHUNG-FEDERIS v. DELFIN VIR. SUÑGA, ET AL.

  • G.R. No. L-36130 January 17, 1985 - LA SUERTE CIGAR AND CIGARETTE FACTORY, ET AL. v. COURT OF TAX APPEALS, ET AL.

  • G.R. No. L-41176 January 17, 1985 - RODOLFO ECHAUS v. COURT OF APPEALS, ET AL.

  • G.R. No. L-42394 January 17, 1985 - COMMISSIONER OF INTERNAL REVENUE v. COURT OF TAX APPEALS, ET AL.

  • G.R. No. L-43642 January 17, 1985 - SOLFRIDO FEDILLO v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-43693 January 17, 1985 - ESTELITA VDA. DE CARDIENTE v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-46775 January 17, 1985 - SILVERIO PARAGES v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

  • G.R. No. 51602 January 17, 1985 - GEORGE & PETER LINES, INC. v. ASSOCIATED LABOR UNIONS, ET AL.

  • G.R. No. L-53334 January 17, 1985 - CARMELITA LIMJAP v. PEDRO SAMSON C. ANIMAS, ET AL.

  • G.R. Nos. 54719-50 January 17, 1985 - LORENZO GA. CESAR v. SANDIGANBAYAN, ET AL.

  • G.R. No. 55998 January 17, 1985 - RAMON MAGSAYSAY AWARD FOUNDATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 56588 January 17, 1985 - SAMAHANG MANGGAGAWA NG PACIFIC MILLS, INC. v. CARMELO C. NORIEL

  • G.R. No. 56718 January 17, 1985 - ACME SHOE RUBBER & PLASTIC CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 57821 January 17, 1985 - SEGUNDINO TORIBIO, ET AL. v. ABDULWAHID A. BIDIN, ET AL.

  • G.R. No. 64313 January 17, 1985 - NATIONAL HOUSING CORPORATION v. BENJAMIN JUCO, ET AL.

  • G.R. No. 64591 January 17, 1985 - RUFINO CO v. EFICIO B. ACOSTA, ET AL.

  • G.R. No. 66040 January 17, 1985 - PEOPLE OF THE PHIL. v. NORBERTO CASUNDO, ET AL.

  • G.R. No. 66427 January 17, 1985 - EMILIO DAYAG v. JUAN A. ALONZO, ET AL.

  • G.R. No. 67540 January 17, 1985 - FLORENDA SALCEDO v. ESTHER NOBLES BANS

  • G.R. No. 67635 January 17, 1985 - JUAN ALBERTO SUMANDI v. VICENTE LEOGARDO, JR., ET AL.

  • G.R. No. L-42669 January 21, 1985 - FERNANDO MACAWILI v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. 50473 January 21, 1985 - JOSE TAN KAPOE, ET AL. v. SILVESTRE MASA, ET AL.

  • G.R. No. 62306 January 21, 1985 - KAPISANAN NG MANGGAGAWANG PINAGYAKAP, ET AL. v. CRESENCIANO TRAJANO, ET AL.

  • G.R. Nos. 63194-96 January 21, 1985 - EDITHA T. DALMAN v. CITY COURT OF DIPOLOG CITY, BR. II, ET AL.

  • G.R. No. 38338 January 28, 1985 - IN RE: SIMEON R. ROXAS, ET AL. v. ANDRES R. DE JESUS, JR.

  • G.R. No. L-44388 January 30, 1985 - VICTORIANO BULACAN v. FAUSTINO TORCINO, ET AL.

  • G.R. No. L-25715 January 31, 1985 - HEIRS OF RAYMUNDO C. BAÑAS, ET AL. v. HEIRS OF BIBIANO BAÑAS, ET AL.

  • G.R. No. L-38251 January 31, 1985 - PABLO ARCEO v. JOSE OLIVEROS, ET AL.

  • G.R. No. L-38711 January 31, 1985 - FRANCISCO SYCIP v. COURT OF APPEALS, ET AL.

  • G.R. No. L-39044 January 31, 1935

    MANOTOK REALTY, INC. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. L-39288-89 January 31, 1985 - HEIRS OF ABELARDO V. PALOMIQUE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-43453 January 31, 1985 - NATIONAL HOUSING CORPORATION v. WORKMENS’ COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-45252 January 31, 1985 - TIMOTEO LAROZA, ET AL. v. DONALD GUIA

  • G.R. No. L-46524 January 31, 1985 - PEOPLE OF THE PHIL. v. LEONARDO BANIA

  • G.R. Nos. L-47381 & L-47420 January 31, 1985 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 51858 January 31, 1985 - PEOPLE OF THE PHIL. v. RICARDO CABRERA, ET AL.

  • G.R. No. 52713 January 31, 1985 - GELACIO I. YASON v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 53620 January 31, 1985 - PEDRO LONZAME v. AUGUSTO M. AMORES, ET AL.

  • G.R. No. 59311 January 31, 1985 - RADIO COMMUNICATIONS OF THE PHILIPPINES INC. v. JAIME M. LANTIN, ET AL.

  • G.R. No. 61126 January 31, 1985 - PEOPLE OF THE PHIL. v. MELECIO ASTURIAS

  • G.R. No. 61129 January 31, 1985 - ESPIRIDION TERUÑEZ, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 63612 January 31, 1985 - SERAFIN DELA CRUZ, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 64190 January 31, 1985 - POLYMEDIC GENERAL HOSPITAL v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 65832 January 31, 1985 - PEOPLE OF THE PHIL. v. FERNANDO P. QUEBRAL, ET AL.

  • G.R. No. 67143 January 31, 1985 - NATIONAL POWER CORPORATION v. EMILIO A. JACINTO, ET AL.