Case Digest (G.R. No. 202111)
Facts:
Teddy Grana and Teofilo Grana v. The People of the Philippines, G.R. No. 202111, November 25, 2019, Supreme Court Second Division, Hernando, J., writing for the Court.Complainant Freddie Bolbes filed two Informations before the Metropolitan Trial Court (MeTC), Branch 77, Paranaque City: Criminal Case No. 03-2756 for malicious mischief against Teddy Grana (Teddy), Gil Valdes (Gil), Ricky Dimaganti (Ricky), Olive Grana (Olive) and Teofilo Grana (Teofilo); and Criminal Case No. 03-2757 for other forms of trespass against Teddy, Gil and Ricky. Ricky remained at large; the other accused pleaded not guilty. The cases failed to settle in barangay mediation.
Bolbes testified he acquired the disputed lot from Home Insurance and Guaranty Corporation (HIGC) under a Contract to Sell dated February 28, 2002, and had been occupying the property since 1989. Bolbes’ signed sinumpaang salaysay recounted that on July 6, 2003, Teddy, Gil and Ricky, allegedly acting on instructions from Teofilo and Olive, entered the property without consent, destroyed the iron fence, removed the cement foundation and dug until exposing a portion of the apartment foundation; they stopped only when barangay tanods intervened. A barangay tanod corroborated the complaint entry in the barangay blotter and his attempts to stop the accused.
Teofilo testified he claimed title through a chain of transactions from Clarito Baldeo and admitted digging part of the lot to construct a perimeter fence for “mutual protection,” asserting Bolbes had built without his consent and that the matter had been referred to the barangay.
On August 10, 2010, the MeTC rendered a Joint Decision convicting Teddy, Gil, Olive and Teofilo for malicious mischief (Crim. Case No. 03-2756) and convicting Teddy and Gil for other forms of trespass (Crim. Case No. 03-2757), ordering imprisonment and damages. The dispositive portion sentenced each malicious-mischief convict to four months’ imprisonment and P7,500.00 actual damages, among other costs.
The four accused convicted of malicious mischief appealed to the Regional Trial Court (RTC), Branch 195, Paranaque City (Criminal Case Nos. 10-0980 and 10-0981). On May 16, 2011, the RTC affirmed the MeTC in toto, finding the elements of malicious mischief and other forms of trespass established, and reiterated that the acts showed malice and were not justified by alleged ownership claims.
The accused appealed to the Court of Appeals (CA) in CA-G.R. CR No. 34194. By Decision dated February 21, 2012 (and Resolution June 6, 2012 denying reconsideration), the CA partly granted the appeal: it affirmed the malicious mischief convictions of Teddy, Gil, Olive and Teofilo, but reversed an...(Subscriber-Only)
Issues:
- Whether the Supreme Court may disturb the Court of Appeals’ and RTC’s factual findings in this criminal case.
- Whether the elements of malicious mischief under Article 327, Revised Penal Code (RPC) were proven beyond reasonable doubt.
- Whether the penalty imposed should be modified under Republic Act No. 10951 (amendment to Article 329, RPC) and whether co-accused who did not appeal benefit from the reducti...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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