Title
Ong Chiu Kwan vs. Court of Appeals
Case
G.R. No. 113006
Decision Date
Nov 23, 2000
Ong Chiu Kwan cut utility lines of "Crazy Feet" without a permit, causing unjust vexation. SC ruled RTC decision void, upheld guilt, imposed fine, and deleted damages.

Case Summary (G.R. No. 143581)

Applicable Law and Constitutional Standard

Criminal offense charged: unjust vexation under Article 287, paragraph 2 of the Revised Penal Code (as invoked by the information). Constitutional requirement: Article VIII, Section 14 of the 1987 Constitution — no court decision shall be rendered without clearly and distinctly stating the facts and the law on which it is based. Procedural requirement: Rule 120, Section 2 of the 1985 Rules of Criminal Procedure (as amended) — judgments must be personally and directly prepared by the judge, in the official language, and must contain a clear statement of facts proved or admitted and the law upon which the judgment is based. Civil-law references used in damages analysis: Article 2217 (moral damages) and Article 2230 (exemplary damages) of the Civil Code.

Relevant Dates and Case Progression

Factual incident occurred on April 24, 1990. Information was filed on January 31, 1991, in the Municipal Trial Court (MTC), Bacolod City. The MTC rendered judgment on September 1, 1992. The Regional Trial Court (RTC), Bacolod City, issued a decision on December 8, 1992, adopting the MTC decision in toto. The Court of Appeals (CA) affirmed on August 16, 1993. The petitioner elevated the case to the Supreme Court by petition for review filed January 14, 1994; the Supreme Court ultimately addressed the matter on the merits.

Facts Found by the Courts

Petitioner admitted ordering the relocation/cutting of the electric, telephone, and water lines because the lines crossed his property line. Petitioner failed to present any permit or authorization from appropriate authorities allowing him to cut or relocate those service lines. The interruption of services was timed during the complainant’s business peak hours, causing interruption of business operations.

Municipal Trial Court Findings and Orders

The MTC found petitioner guilty beyond reasonable doubt of unjust vexation under Article 287(2) and sentenced him to “imprisonment for twenty days” (terminology later noted as erroneous; the proper term under the Revised Penal Code would be arresto menor). The trial court awarded moral damages (P10,000), exemplary damages (P5,000), attorney’s fees (P5,000), and costs, reasoning that the abrupt cutting of utilities during peak business hours unjustly disrupted the complainant’s operations and caused injury to her.

Regional Trial Court Decision and Its Defects

The RTC, in a decision that simply quoted the MTC decision in full and added two short paragraphs stating that the parties were required to file memoranda and that the RTC found “no ground to modify, reverse or alter the above-stated decision,” effectively adopted the lower court’s decision in toto without articulating its own findings of fact and conclusions of law. Such peremptory adoption failed to satisfy Article VIII, Section 14 of the 1987 Constitution and Rule 120, Section 2, which require that a court’s judgment clearly and distinctly state the facts proved or admitted and the law upon which the judgment is based. The Supreme Court characterized that form of decision writing as a nullity, citing controlling jurisprudence that memorandum decisions or peremptory affirmances that merely echo the lower court are inadequate (see Yao v. Court of Appeals and Francisco v. Permskul as referenced).

Court of Appeals Action and Supreme Court’s Observations

The Court of Appeals affirmed the RTC’s decision, but the Supreme Court observed that the RTC’s peremptory disposition was null and that the CA’s affirmance occurred without noting such nullity. Under the constitutional and procedural rules, an appellate or reviewing court must base its judgment on its own findings and reasoning rather than merely ratifying a lower court’s work that does not meet the statutory and constitutional content requirements.

Supreme Court’s Decision to Reach the Merits

Although the RTC decision was a nullity and could have led to remand for compliance with decision-writing requirements, the Supreme Court exercised its discretion to review the evidence and decide the case on the merits given the lengthy pendency of the matter. The Court reviewed the factual admissions and the record: petitioner’s admission of ordering the cutting/relocation; absence of any permit or authorization; and the timing of the interruption during peak business hours.

Determination of Criminal Liability

On the substantive issue of unjust vexation, the Supreme Court found that petitioner’s acts constituted unjust annoyance or vexation of the complainant. The combination of petitioner’s admission, lack of authority to cut or relocate utility lines, and the deliberate timing that interrupted the complainant’s business operations established guilt beyond reasonable doubt for the offense charged under Article 287(2) of the Revised Penal Code.

Analysis and Deletion of Damage Awards

The Supreme Court addressed the civil-damage awards separately. Moral damages under Article 2217 of the Civil Code are recoverable when they are the proximate result of a defendant’s wrongful act or omission; exemplary damages under Article 2230 require proof that the crime was committed with one or more aggravating circumstances justifying such punitive r

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