MALICIOUS PROSECUTION

It has been defined as an action for damages brought by or against whom a criminal prosecution, civil suit, or other legal proceeding has...

It has been defined as an action for damages brought by or 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. (Diaz v. Davao Light and Power Co., 520 SCRA 510, 2007)

One cannot be held liable in damages for maliciously instituting a prosecution where he acted with probable cause.
Reason: It would be a very great discouragement to public justice if prosecutors, who had a tolerable ground of suspicion, were liable to
be sued at law when their indictments miscarried. (Que vs. IAC)

EXCEPTION: 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 herein. The gist of the action is the putting of legal process in force, regularly, for the mere purpose of vexation or injury.

Requisites for Malicious Prosecution:
    1.   Fact of the prosecution
    2.   Defendant was himself the prosecutor
    3.   Action was terminated with an acquittal
    4.   Prosecutor acted without probable cause
    5.   Prosecutor was impelled by legal malice, that is by improper or sinister motive (Drilon vs. CA)
As to the elements of malicious prosecution, the presence of probable cause signifies the absence of malice. (Albenson vs. CA)

Malice is the inexcusable intent to injure, oppress, vex, annoy or humiliate

It seems that the second and third elements are REDUNDANT.

Cases:

Moral damages cannot be recovered from a person who has filed a complaint against another in good faith, or without malice or bad faith. If damage results from the filing of the complaint, it is damnum absque injuria.( Mijares vs. CA)

While it must be admitted that this case is peculiar in that it is one filed by a daughter against her own mother, that alone does not justify any counterclaim, specifically for the exemplary damages and moral damages sought to be collected since the complaint as has been said has been found to have some merit. The adverse result of an action does not per se make the act wrongful and subject the actor to the payment of moral damages.

The law could not have meant to impose a penalty on the right to litigate; such right is so precious that moral damages may not be charged on those who may exercise it erroneously. (Castillo vs. Castillo) 

DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. The information provided is not a legal advice and it should not be used  as a substitute for a competent legal advice from a licensed lawyer.

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