Republic of the Philippines
Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Digos City, Davao del Sur
PALOMA G. GRADO,
Complainant, NPS DOCKET NO.
XI-06-INQ-20J-00175
-versus-
ISIDRO TENEBRO AND
DELIA TENEBRO FOR: UNJUST VEXATION
Respondent.
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RESOLUTION
Complainant alleged that she is the owner and possessor of an
enclosed parcel of land and building located at Purok Santol, Brgy. Kiagot,
Digos City, Davao del Sur having bought the same from Porferia Pacaña
since the year 2003 or almost seventeen (17) years this date. She narrates
that, sometime in the middle of the month of July, 2020, complainant with
her mother went to the above-mentioned land and building to clarify the
news that the heirs of Porferia Pacaña had surveyed the whole lot including
the lot bought by the complainant without any notice to them. Upon their
arrival they saw the original fence enclosing their property already destroyed
and a new hog wire fence was erected on the new property line as surveyed
by the respondents. To make matters worse, their 17-year old “Rambutan”
was cut. Thus, they seek criminal indictment for Violation of sec 68 of PD
705, Malicious Mischief and Trespassing to Private Property against the
respondents.
On the other hand, respondent claimed that they are the rightful owner
of a parcel of land as evidenced by a KASULATAN executed before the
Office the Punong Barangay of Barangay Kiagot, Digos City. Davao del
Sur, Such document shows that they bought the land from its previous
owner DANILO PACANA. Upon assuming possession of the land
respondent initially found out that there was an existing fence erected by the
Complainant on her property and that such fence occupied part of
respondent’s land. After the survey, respondent decided to put-up their own
fences. Upon fencing the said property, a branch of the rambutan (owned by
Reso cont;n..
Grado vs Tenebro
For: Malicious Mischief and Tresspasing
Pag2 of 2
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herein complainant) was in the way, and such branch also reached part of the
roof of their house. Thus, they decided to trim off the branch and not the
whole tree, for possible reason that it may cause damage to their property
and to the extent of peril of life and limb.
Evidence on hand shows that respondents only committed the crime
of Unjust Vexation defined and penalized under 2nd Paragraph of Article
287of the Revised Penal Code. The elements of unjust vexation are: (1)
there is a human conduct that unjustly annoys or irritates another person; (2)
such human conduct was not attended with violence; (3) such human
conduct caused annoyance, irritation, torment, distress or disturbance to the
mind of the person to whom it is directed; and (4) the offender acted with
criminal intent.1 In the case of Ong Chiu Kwan v CA, G.R. 113006, 23
November 20002The Supreme Court held that, cutting, without authority, the
electric, water and telephone lines of the business of another person during
the latter’s peak hours of operations even when said lines crossed his
property line constitutes unjust vexation. In this case, respondent’s acts
have caused unjust annoyance, irritation, torment or disturbance to the mind
of herein complainant.
WHEREFORE, PREMISES CONSIDERED, the undersigned finds
that there is probable cause that the crime of unjust vexation under 2 nd
paragraph, Article 287 of the Revised Penal Code of the Philippines was
committed and that respondents Isidro Tenebro and Delia Tenebro are
probably guilty thereof and must be held for trial.
SO RESOLVED. November 9, 2020, Digos City, Davao del Sur,
Philippines
BLAIR M. DURA
Prosecution Attorney
APPROVED:
JERAHMEEL S. LIBRE
City Prosecutor
Copy Furnished:
PALOMA G. GRADO - 2567-A Conte Subd., Quezon Ave., Digos City,
Isidro Tenebro- Purok Santol, Brgy. Kiagot, Digos City
Delia Tenebro- Purok Santol, Brgy. Kiagot, Digos City
1
Balesteros vs People, G.R. 138033, 22 February 2006
2
Ong Chiu Kwan v CA, G.R. 113006, 23 November 2000
