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    2.C. Ventura VS Bernabe, 38 Scra 587

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    Darlene Lou E. Pagunsan
    Bernabe accused Ventura of falsifying a private document but Ventura was acquitted because there was insufficient evidence. It was surmised that Bernabe filed the complaint to damage Ventura's reputation. The court held that while the criminal case was dismissed, Ventura could still file a civil case for damages due to malicious prosecution based on provisions in the Civil Code. The case was remanded to the lower court for further proceedings consistent with the opinion that Ventura could pursue damages from Bernabe.

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    2.C. Ventura VS Bernabe, 38 Scra 587

    Uploaded by

    Darlene Lou E. Pagunsan
    76 views1 page
    Bernabe accused Ventura of falsifying a private document but Ventura was acquitted because there was insufficient evidence. It was surmised that Bernabe filed the complaint to damage Ventura's reputation. The court held that while the criminal case was dismissed, Ventura could still file a civil case for damages due to malicious prosecution based on provisions in the Civil Code. The case was remanded to the lower court for further proceedings consistent with the opinion that Ventura could pursue damages from Bernabe.

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    2.C. VENTURA VS BERNABE, 38 SCRA 587.txt

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    Bernabe accused Ventura of falsifying a private document but Ventura was acquitted because there was insufficient evidence. It was surmised that Bernabe filed the complaint to damage Ventura's reputation. The court held that while the criminal case was dismissed, Ventura could still file a civil case for damages due to malicious prosecution based on provisions in the Civil Code. The case was remanded to the lower court for further proceedings consistent with the opinion that Ventura could pursue damages from Bernabe.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as txt, pdf, or txt
    76 views1 page

    2.C. Ventura VS Bernabe, 38 Scra 587

    Uploaded by

    Darlene Lou E. Pagunsan
    Bernabe accused Ventura of falsifying a private document but Ventura was acquitted because there was insufficient evidence. It was surmised that Bernabe filed the complaint to damage Ventura's reputation. The court held that while the criminal case was dismissed, Ventura could still file a civil case for damages due to malicious prosecution based on provisions in the Civil Code. The case was remanded to the lower court for further proceedings consistent with the opinion that Ventura could pursue damages from Bernabe.

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    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
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    Download as txt, pdf, or txt
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    2.C.VENTURA VS BERNABE, 38 SCRA 587.

    DARLENE LOU PAGUNSAN


    Digested by Darlene Lou Pagunsan
    Facts:
    Bernabe has accused Ventura of the crime Falsification of Private Document.
    However, the same was acquitted by the court as there has been insufficient proof
    to prove the allegations. In the course of proceedings, it has been surmised that
    Bernabe filed the complaint in order to taint the reputation of Ventura.
    Issue:
    Whether or not the dismissal of the action for damages based upon an alleged
    malicious prosecution valid.
    Held:
    The present civil action need not be based on the existence of such a crime Article
    2219 of the Civil Code which provides that "moral damages may be recovered in the
    following cases: (8) Malicious prosecution" would more than sufficiently serve as a
    basis for relief in court against a party who has maliciously caused another to
    baselessly and unjustifiably undergo a criminal prosecution for an offense he knows
    the latter has not committed.
    Also, according to Artice 21 of the same code, any person who willfully causes loss
    or injury to another in a manner contrary to morals, good customs, or public policy
    shall compensate the latter for the damage.
    Hence, this case has been ordered remanded to the court of origin for further
    proceedings that are not inconsistent with the above opnion.

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