- Petitioner
- William R. Bayani
- Respondent
- Panay Electric Co.
- Citation
- G.R. No. 139680
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Quisumbing, J.
- Decided
- April 12, 2000
Summary
PECO disconnected electrical services to Bayani's businesses alleging electricity theft and filed criminal complaints under R.A. 7832. After the complaints were dismissed by the City Prosecutor, Bayani filed a civil case for malicious prosecution seeking damages and injunction. The trial court granted preliminary mandatory injunction ordering restoration of electrical services. However, the Court of Appeals and Supreme Court found the civil case was prematurely filed since it was based on malicious prosecution but the criminal complaints had not been finally terminated when the civil case was filed. The Supreme Court affirmed dismissal of the case, ruling that final termination resulting in acquittal is an essential element of malicious prosecution that was absent when Bayani filed his civil case in October 1996, while the Secretary of Justice dismissed the criminal complaints only in March 1998.