458 Phil. 898
CALLEJO, SR., J.:
That on or about 9:30 o'clock more or less in the morning of June 5, 1997 at Sitio Porto, Brgy. Balon Anito, Municipality of Mariveles, Province of Bataan, Philippines and within the jurisdiction of this Honorable Court, the above-named accused with deliberate intent did then and there willfully, unlawfully and feloniously motivated with hatred and confederately conspiring and mutually helping one another to attain their united purpose, and without any authority from the Law demolished the house owned by the herein named offended party Mrs. Julita Castillo, to the Damaged [sic] and Prejudiced [sic] of the aforementioned offended party in the total amount of twelve thousand three hundred fifty pesos (P12,350.00) Philippine Currency.The case was tried in accordance with the Rules on Summary Procedure. The petitioner and his co-accused were required to submit their counter-affidavits. During the arraignment, they pleaded not guilty. After due trial, the MTC rendered judgment upon the following findings:
CONTRARY TO LAW.[2]
Accused Valerozo (sic) admitted in his counter-affidavit and during his oral testimony that he indeed demolished the structure of complainant Julita Castillo in his capacity as caretaker of the owner, PNB, Republic Bank, after he warned her and all illegal occupants to vacate the premises even posting `NO TRESPASSING" signs to indicate that the place is privately owned; he also absolved all his co-defendants from any liability alleging that he acted alone during the demolition of said structure. By this unequivocal admission made by Valerozo (sic), the question which arises is whether or not his being designated as caretaker of the property necessarily clothed him with authority to demolish the structure of the complainant without further resort to legal niceties such as obtaining a written order from the Court authorizing such demolition.The dispositive portion of the MTC decision reads:
The Court is inclined to support the view that Valerozo should not have taken the law into his own hands to cause the destruction and eventual demolition of Mrs. Castillo's structure even if it could be assumed that it was constructed without his permission or that of the owner, PNB, Republic Bank, or that she was merely an intruder, interloper or a squatter on the land. Justifying Valerozo's (sic) unilateral action of demolition will set a bad precedent and may result in chaos and disorder in society as the owner or anybody perceived to be so authorized by the owner can act on his own and conduct demolition extrajudicially. This is against the law and cannot be countenanced.
All the essential elements to establish the crime of Malicious Mischief has been sufficiently proven against accused Valerozo (sic) alone. The evidence taken as a whole, however, does not point with positive certainty towards the guilt of the rest of the defendants.[3]
IN VIEW OF THE FOREGOING, considering the fact that the guilt of defendant Mario Valerozo (sic) of the crime of Malicious Mischief has been duly established beyond reasonable doubt; there being neither mitigating nor aggravating circumstances in attendance, and pursuant to Article 329, first paragraph of the Revised Penal Code, he is hereby sentenced to a straight penalty of three (3) months of arresto mayor, including whatever accessory penalties which may be applicable and to pay the costs of the proceedings. Accused Jorge Valerozo, Peter Morales (who died during the proceedings), Rolando De Guzman and Fernando Operario are hereby ACQUITTED for insufficiency of evidence.The petitioner appealed to the Regional Trial Court (RTC), of Balanga, Bataan, Branch 4, which affirmed with modification the decision of the MTC. The dispositive portion of the RTC decision states:
SO ORDERED.[4]
WHEREFORE, premises considered, the decision appealed from is hereby MODIFIED. There being no reason to deviate from the decision of the Municipal Trial Court Judge with respect to the criminal liability of the accused the same is hereby AFFIRMED in toto. However, the court finds appellant civilly liable in the amount of TWO THOUSAND PESOS (P2,000.00) as actual damages.The petitioner then elevated the case to the Court of Appeals (CA) which rendered the assailed decision affirming that of the RTC, finding the petitioner guilty of malicious mischief and holding him criminally and civilly liable therefor:
SO ORDERED.[5]
WHEREFORE, the instant petition is hereby DISMISSED and the assailed decision AFFIRMED.Undaunted, the petitioner now comes to this Court alleging that the CA erred in declaring him guilty of malicious mischief.
SO ORDERED.[6]
Contrary to the petitioner's contention, all the foregoing elements are present in this case. First, he admits that he deliberately demolished the nipa hut of Mrs. Castillo. Second, the demolition does not constitute arson or any other crime involving destruction. Third, as correctly found by the CA:
- That the offender deliberately caused damage to the property of another;
- That such act does not constitute arson or other crimes involving destruction;
- That the act of damaging another's property be committed merely for the sake of damaging it.[7]
Petitioner was appointed caretaker of the subject lot on August 21, 1996. Upon the other hand, private complainant constructed her hut thereon only in April 1997. Such being the case, petitioner was not justified in summarily and extrajudicially demolishing private complainant's structure. As it is, petitioner proceeded not so much to safeguard the lot as it is to give vent to his anger and disgust over Castillo's disregard of the "no trespassing" sign he placed thereon. Indeed, his act of summarily demolishing the house smacks of his pleasure in causing damage to it (United States vs. Gerale, 4 Phil. 218).[8]Neither can the petitioner rightfully invoke paragraph 5, Article 11 of the Revised Penal Code which states:
Art. 11. Justifying circumstances. - The following do not incur any criminal liability:The requisites of the foregoing justifying circumstance are (1) that the accused acted in the performance of a duty or in the lawful exercise of a right; and (2) that the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office.[9]. . .
- Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.