Petitioner
Menandro A. Sosmeña
Respondent
Benigno M. Bonafe
Citation
G.R. No. 232677
Court
Supreme Court
Division
First Division
Ponente
Lazaro-Javier, J.
Decided
June 8, 2020

Summary

Supreme Court case involving malicious prosecution claim by four former employees against their former manager. Petitioner Sosmeña filed criminal complaints for malicious mischief and theft against respondents after workplace conflicts arose from surveillance activities by foreign business partner. The criminal complaints were dismissed by prosecutor for lack of probable cause and finding of malicious intent. Respondents sued for damages claiming malicious prosecution. Trial court, Court of Appeals, and Supreme Court all found petitioner liable, concluding he acted with malice and without probable cause. The Supreme Court applied the four-element test for malicious prosecution and found all elements satisfied, but reduced damage awards. The case establishes important precedent on malicious prosecution standards and demonstrates that even dismissed criminal complaints during preliminary investigation can support malicious prosecution claims when filed with malicious intent and without probable cause.

Statutes applied

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By Intellegal Editorial Board · June 8, 2020

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