![]() The appeal by the private complainant is partly granted. The appeal interposed by the accused-appellant is dismissed andĢ. WHEREFORE, the Court renders its decision as follows:ġ. ![]() On appeal to the RTC, the decision was modified to include the award of moral and exemplary damages, viz.: Wherefore, premises considered, finding the accused Elizabeth David y Lozada guilty beyond reasonable doubt of the crime of Malicious Mischief, she is hereby sentenced to suffer a penalty of Two (2) Months and One (1) Day to Six (6) Months imprisonment and to pay the amount of Php4,000.00 for actual, damages. After trial, the Metropolitan Trial Court (MeTC) rendered its Decision dated finding Elizabeth guilty beyond reasonable doubt and sentencing her to a penalty of two (2) months and one (1) day to six (6) months imprisonment and actual damages in the amount of Php 4,000.00, viz.: Ī case for Malicious Mischief was filed by Mailene against Elizabeth. ![]() Įlizabeth's version of the story was that it was Mailene who started cursing and throwing objects at them and they only acted in retaliation. Mailene thereafter sought medical attention and reported the matter to the police. Glass from the shattered windows and the bottle of beer hit her face and body. Amor likewise hurled a bottle of beer shattering the windows of Mailene's house. Thereafter, Elizabeth started hurling stones at the windows. She was alarmed by a ticking sound:on the cement below her window and upon checking, she saw two men hammering the cement of the septic tank (posonegro) which Elizabeth and her husband Amor David (Amor) constructed thereon. Caparroso (Mailene) was fixing things inside her house. FACTS: Sometime in June 17, 2012, private complainant Mailene A.
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