Case Digest (G.R. No. 10402)
Facts:
The case of A. Buchanan vs. Pilar A. Viuda de Esteban, G.R. No. 10402, was decided on November 30, 1915. The plaintiff, A. Buchanan, filed a suit against the defendant, Pilar A. Viuda de Esteban, seeking damages amounting to P1,000 for alleged malicious prosecution. The events leading to this case began on September 16, 1913, when the defendant lodged a complaint against the plaintiff before the justice of the peace in Iloilo, accusing him of assaulting her 13-year-old son by throwing a stone at him. Initially, the justice of the peace convicted Buchanan of the charge. However, upon appeal to the Court of First Instance, he was acquitted. The court's judgment of acquittal indicated that the defendant had the right to pursue a civil action for damages due to malicious prosecution. Following this, Buchanan initiated the current action against the defendant. The lower court ruled in favor of Buchanan, awarding him damages, which prompted the defendant to a...
Case Digest (G.R. No. 10402)
Facts:
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.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.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:
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.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)