Title
Bucha vs. Vda. de Esteban
Case
G.R. No. 10402
Decision Date
Nov 30, 1915
Buchanan sued for malicious prosecution after acquittal; Supreme Court dismissed, ruling defendant acted with probable cause and good faith, lacking malice.
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Case Digest (G.R. No. 10402)

Facts:

  1. Incident Leading to the Complaint:
    On September 16, 1913, the defendant, Pilar A. Viuda de Esteban, filed a complaint against the plaintiff, A. Buchanan, before the justice of the peace of Iloilo. She accused Buchanan of assaulting her 13-year-old son by throwing a stone at him.

  2. Initial Conviction and Acquittal:
    Buchanan was convicted in the justice of the peace court. However, upon appeal to the Court of First Instance, he was acquitted. In its judgment, the Court of First Instance stated that Buchanan could bring a civil suit for damages for malicious prosecution if he chose to do so.

  3. Civil Action for Malicious Prosecution:
    Acting on the court's suggestion, Buchanan filed a civil action against Pilar A. Viuda de Esteban, seeking damages for malicious prosecution.

Issue:

  1. Whether the plaintiff (Buchanan) is entitled to recover damages for malicious prosecution:
    The main issue is whether the defendant (Pilar A. Viuda de Esteban) acted without probable cause and with malice in prosecuting Buchanan.

  2. Elements of Malicious Prosecution:
    The court must determine whether the plaintiff has proven the following elements required for a successful malicious prosecution claim:

    • The fact of prosecution and the defendant's role as the prosecutor or instigator.
    • The termination of the prosecution in the plaintiff's favor (acquittal).
    • The absence of probable cause for the prosecution.
    • The presence of legal malice (improper or sinister motives).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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