Petitioner
Antonio Diaz
Respondent
Davao Light
Citation
G.R. No. 160959
Court
Supreme Court
Division
Third Division
Ponente
Callejo, Sr., J.
Decided
April 4, 2007

Summary

This case involves a complex dispute between Antonio Diaz and Davao Light and Power Co., Inc. (DLPC) over electrical service and subsequent criminal complaints. After DLPC disconnected electricity due to unpaid bills, Diaz unilaterally installed his own meter when denied new service. DLPC filed criminal complaints for theft of electricity and violation of P.D. 401, both dismissed by prosecutors. Despite a compromise agreement resolving civil collection issues, Diaz sued for damages claiming malicious prosecution. The Supreme Court denied his petition, holding that criminal liability cannot be waived by compromise agreements, DLPC acted with probable cause and good faith, and the essential elements of malicious prosecution were not established. The Court emphasized that the right to litigate must be preserved and unsuccessful prosecution alone does not create liability for damages, applying the principle of damnum absque injuria.

Statutes applied

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By the Intellegal Editorial Board · April 4, 2007

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