92. Kwan Vs. Ca.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S Kwan vs. CA (G.R. No. 113006)

Facts: The petitioner is Ong Chiu Kwan. The respondents are the Court of Appeals and the People of the Philippines. In the case at bar, on April 24, 1990, Ong Chiu Kwan ordered a certain Wilfredo Infante to relocate the telephone, electric, and water lines of Crazy Feet, a business establishment, because said lines posed as a disturbance to them. However, the herein petitioner failed to present a permit from appropriate authorities allowing him to cut the electric wires, water pipe and telephone lines of the business establishment. An information was charged against the petitioner with unjust vexation for cutting said electric wire, water pipes and telephone lines of Crazt Feet. The Municipal Trial Court found Ong Chiu Kwan guilty of unjust vexation.

Issue: Is the appellant guilty of unjust vexation.

Held: The Supreme Court said that the petitioner having admitted ordered someone to cut the electric, water, and telephone lines of the complainant’s business establishment without authorization to relocate such is sufficient to hold the petitioner liable for unjust vexation. However, with respect to the damages, the Supreme Court finds the award for exemplary and moral damages to be clearly excessive.