Case Summary (A.M. No. 1349-CFI)
Factual Background
The complaint arises from an initial case for Malicious Mischief that Coronacion P. Biaban filed against Bibiana P. Bautista, who is identified as her sister, along with other family members: Longinos Bautista (the husband) and their four sons, Ely, Godofredo, Eduardo, and Reynaldo. The case was originally brought before the Municipal Court of New Washington in Aklan, where the court dismissed the charges against Bibiana Bautista, citing her exemption from criminal liability due to her familial relationship with the complainant. Conversely, the other defendants were found guilty, receiving sentences of twenty days imprisonment and an order to indemnify the complainant in the amount of Fifty Pesos (₱50.00).
Appellate Proceedings
Upon appeal to the CFI presided over by Judge Del Rosario, all accused individuals were acquitted. The court's decision hinged on the finding that any damage, if it occurred, was not the result of malicious intent. Rather, evidence suggested that the damage to the complainant's property—specifically the cutting of a star apple tree and damage to vegetable plants—was inadvertently caused by Bibiana Bautista’s relocation of her son's house onto a portion of land that she owned.
Legal Principles Considered
The ruling underscored a fundamental element necessary for establishing the crime of malicious mischief: the presence of malice. The court concluded that there was no malice involved in the actions of Bibiana Bautista, thereby negating the existence of a criminal offense. Instead, any damages were deemed to evoke only civil liability for repair rather than criminal culpability.
Conclusion and
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Case Overview
- The case involves a complaint filed by Coronacion P. Biaban against Executive Judge Amelia K. Del Rosario of the Court of First Instance of Aklan, Branch II, alleging bias in judicial decision-making.
- The complaint stems from the resolution of Criminal Case No. 2489, which involved charges of Malicious Mischief against several individuals, including Bibiana P. Bautista and her family.
Background of the Case
- The initial case of Malicious Mischief was filed by complainant Coronacion P. Biaban against Bibiana P. Bautista, her husband Longinos Bautista, and their four sons: Ely, Godofredo, Eduardo, and Reynaldo.
- This case was first adjudicated in the Municipal Court of New Washington, Aklan, where the court dismissed the charges against Bibiana Bautista, asserting her exemption from criminal liability as she was the complainant's sister.
- The remaining accused were convicted and sentenced to twenty (20) days of