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.