Dear PAO,
A former friend and I got into a big fight. Because of that, she falsely accused me and filed a groundless case against me in court so that I would be humiliated. Even if the case has already been dismissed, can I still sue her for lying and for the damage she caused me and my family?
Krizia
Dear Krizia,
Please be informed of the Supreme Court’s ruling in the case of Sosmeña v. Bonafe (GR 232677, June 8, 2020, Ponente: Associate Justice Amy Lazaro-Javier), where it was held that:
“In Philippine jurisdiction, it has been defined as:
“‘An action for damages brought by one against whom a criminal prosecution, civil suit, or other legal proceeding has been instituted maliciously and without probable cause, after the termination of such prosecution, suit, or other proceeding in favor of the defendant therein. The gist of the action is the putting of legal process in force, regularly, for the mere purpose of vexation or injury.’
“The statutory basis for a civil action for damages for malicious prosecution is found in the provisions of the New Civil Code on Human Relations and on damages particularly Articles 19, 20, 21, 26, 29, 32, 33, 35, 2217 and 2219 (8). To constitute malicious prosecution, however, there must be proof that the prosecution was prompted by a sinister design to vex and humiliate a person, and that it was initiated deliberately by the defendant, knowing that his charges were false and groundless. Concededly, the mere act of submitting a case to the authorities for prosecution does not make one liable for malicious prosecution.
“This Court has drawn the four elements that must be shown to concur to recover damages for malicious prosecution. Therefore, for a malicious prosecution suit to prosper, the plaintiff must prove the following: (1) the prosecution did occur, and the defendant was himself the prosecutor or that he instigated its commencement; (2) the criminal action finally ended with an acquittal; (3) in bringing the action, the prosecutor acted without probable cause; and (4) the prosecution was impelled by legal malice — an improper or a sinister motive. The gravamen of malicious prosecution is not the filing of a complaint based on the wrong provision of law, but the deliberate initiation of an action with the knowledge that the charges were false and groundless.”
As provided in the aforementioned jurisprudence, there is malicious prosecution when the filing of the case was prompted by a sinister design to vex or humiliate a person and that it was initiated deliberately by a complaint, knowing that his charges were false and groundless. In your case, since your old friend’s intention in filing a case was only to humiliate you, and the allegations against you were false, he can be liable for malicious prosecution.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
