GR 185833; (October, 2011) (Digest)
G.R. No. 185833 ; October 12, 2011
ROBERT TAGUINOD, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.
FACTS
On May 26, 2002, at the Rockwell Powerplant Mall parking area, petitioner Robert Taguinod, driving a Suzuki Vitara, and private complainant Pedro Ang, driving a Honda CRV, were queuing to pay parking fees. Their vehicles’ side view mirrors touched as the Vitara attempted to overtake. Ang’s wife and daughter alighted to confront Taguinod, who appeared hostile. After they returned to their vehicle, Taguinod accelerated his Vitara backward as if to hit them. Later, at the upward ramp leading to the exit, the Vitara bumped the rear portion of the CRV and pushed it until it hit a stainless steel railing. The CRV sustained damage amounting to ₱57,464.66, with Ang paying ₱18,191.66 as his insurance participation. An Information was filed charging Taguinod with Malicious Mischief under Article 327 of the Revised Penal Code. The Metropolitan Trial Court (MeTC) of Makati found Taguinod guilty, sentencing him to four months imprisonment and ordering him to pay Ang ₱18,191.66, ₱50,000.00 in moral damages, and ₱25,000.00 in attorney’s fees. The Regional Trial Court (RTC) affirmed the decision. The Court of Appeals (CA) partly granted Taguinod’s petition, modifying the penalty to 30 days imprisonment and reducing the moral damages to ₱20,000.00 and attorney’s fees to ₱10,000.00. Taguinod elevated the case to the Supreme Court.
ISSUE
1. Whether the Court of Appeals committed reversible error in upholding petitioner’s conviction.
2. Whether the Court of Appeals committed reversible error in awarding moral damages and attorney’s fees to private complainant.
RULING
The Supreme Court found the petition partly meritorious.
1. On the first issue, the Court upheld the conviction. It ruled that the factual findings of the trial court on witness credibility are entitled to the highest respect and will not be disturbed on appeal absent a clear showing of oversight or misapplication. The MeTC found the testimony of the defense witness, Mary Susan Lim Taguinod, lacking in credibility due to inconsistencies between her affidavit and her cross-examination testimony. The prosecution proved the elements of Malicious Mischief beyond reasonable doubt: (a) Taguinod deliberately caused damage to Ang’s property; (b) the act did not constitute arson or other crimes involving destruction; and (c) the act was committed merely for the sake of damaging it. The CA correctly affirmed these findings.
2. On the second issue, the Court modified the awards. It sustained the award of moral damages, citing Article 2220 of the Civil Code, which allows such awards for willful injury to property when justly due, as the act was deliberate and motivated by hate or revenge. However, the award of attorney’s fees was deleted. The Court held that attorney’s fees are not recoverable as damages in criminal cases unless the offended party is compelled to litigate or incur expenses to protect his interest, which was not sufficiently proven in this case. The trial court’s award was based solely on the fact that private complainant hired a lawyer, which is not a legal basis for such an award.
The dispositive portion of the CA decision was modified by deleting the award of attorney’s fees, while the reduced penalty of 30 days imprisonment and moral damages of ₱20,000.00 were affirmed.