Tan Kapoe v.

Masa
G.R. No. L-50473

petitioners respondents

summary

Date promulgated Ponente: MELENCIO-HERRERA, J January 21, 1985 SPOUSES JOSE TAN KAPOE and CONCEPCION NGO KAN SILVESTRE MASA, ENRIQUE MASA, JESUS MASA, FRANCISCO MASA, ROGELIO MASA, AURELIA HERNANDEZ, ANGEL MALUNAY, PRESCILA HERNANDEZ, SIMPLICIA HERNANDEZ, Minors ENRICO MASA and BRIGIDO MASA, and the HONORABLE COURT OF APPEALS Malicious prosecution due to conversion of their share tenancy relationship to one of leasehold. Moral damages can be recovered even in the absence of testimony as to the physical suffering, mental anguish, fright, serious anxiety, social humiliation and similar injuries suffered.

facts of the case

The respondents were tenants of Tan Kapoe when Silvestre asked for conversion of their share tenancy relationship to one of leasehold. Silvestre filed with the Court of Agrarian Relations when Tan Kapoe rejected his request. The conversion was authorized and affirmed. Even before the start of the agrarian dispute, Tan Kapoe started filing criminal complaints, totalling at 6, against them as follows: 1. 2. 3. 4. 5. 6. Grave Threats dismissed by the Municipal Court of Bay, Laguna Oral Defamation Silvestre was acquitted Violation of Section 39, RA 1199 for harvesting Tan Kapoes landholding without prior notice to him against Silvestre, dismissed by the Municipal Court of Bay, Laguna for want of probable cause. Usurpation of Real Rights against Silvestre, Felipe and Enrique Masa - dismissed by the Municipal Court Malicious Mischief against Silvestre - dismissed by the Municipal Court Malicious Mischief - dismissed by the Municipal Court

The respondents had been arrested and incarcerated the day the last complaint had been filed. Silvestre was able to post bail but the rest were only released 2 days later, after their bail bonds had been approved. They filed a complaint for Malicious Prosecution against Tan Kapoe, asking for moral and exemplary damages. CFI of Laguna awarded them moral and exemplary damages (Silvestre received 20K, Jesus and Enrique received 8K each, the rest only 5K) and attorneys fees (3K). CA Affirmed

issue
1. 2. W/N Moral damages can be awarded in the absence of testimony as to physical suffering, mental anguish, fright, serious anxiety, social humiliation and similar injuries. YES. W/N Moral and exemplary damages can be awarded at the same time. YES.

ratio
1. Although the award for moral damages was based only on the documentary evidence of the orders of the court, the award was based on the successive but unfounded filing of complaints. The respondents had suffered moral suffering and anxiety from the humiliation of incarceration due to Tan Kapoes malicious prosecution, aimed to harass and embarrass them. If the entitlement for moral damages had been established, exemplary damages may be awarded even if not expressly pleaded nor proved. Attorneys fees are also recoverable when exemplary damages are awarded.

2.

Ruling: Award for moral and exemplary damages were reduced. Moral Damages: Silvestre reduced to Php7K, Jesus and Enrique reduced to Php3K, the rest were reduced to 2K. Exemplary Damages were reduced to Php200 each.