Grana v. People

 

Grana v. People

G.R. No. 202111

November 25, 2019

FACTS:

                Bolbes claimed to have purchased the property subject of this controversy from the Home Insurance and Guaranty Corp. for P554,400 payable in installments. He started occupying the said property in 1989. He declared that on July 6, 2003, petitioner Teddy and accused Gil and Ricky, upon the order of Teofilo and Olive and without Bolbes’s consent, entered the subject property by destroying the iron fence, removing the cement foundation and made diggings until it reached a portion of the foundation of his apartment, thus, exposing his apartment to danger of being destroyed in case of heavy rains. 

ISSUE:

                Whether or not the CA correctly convicted the accused

HELD:

                Yes. Art 327 of the RPC provides Any person who shall deliberately cause to the property of another any damage not falling within the terms of the next preceding chapter, shall be guilty of malicious mischief. The elements of Malicious Mischief were proven: 1) Petitioners admitted in their “kontra salaysay” that Teofilo deliberately destroyed the fence and its cement foundation, and made diggings in the subject property 2.) The destruction did not constitute arson or other crime involving destruction. 3.) The act of damaging another’s property was committed merely for the sake of damaging it. Considering that all the elements of the crime of Malicious Mischief are present in this case, petitioners were properly adjudged guilty thereof.