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    Ong Chiu Kwan V CA Digest

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    Ong Chiu Kwan ordered the cutting of telephone, electric, and water lines belonging to Mildred Ong's business, Crazy Feet, without proper permits. He did this during the business' peak hours, interrupting its operations. While Ong Chiu Kwan's actions constituted unjust vexation, the court found no evidence to support awards of moral damages, exemplary damages, or attorney's fees against him. The court reversed the lower courts' rulings and sentenced Ong Chiu Kwan to only pay a fine of 200 pesos.

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    Ong Chiu Kwan V CA Digest

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    tris
    42 views1 page
    Ong Chiu Kwan ordered the cutting of telephone, electric, and water lines belonging to Mildred Ong's business, Crazy Feet, without proper permits. He did this during the business' peak hours, interrupting its operations. While Ong Chiu Kwan's actions constituted unjust vexation, the court found no evidence to support awards of moral damages, exemplary damages, or attorney's fees against him. The court reversed the lower courts' rulings and sentenced Ong Chiu Kwan to only pay a fine of 200 pesos.

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    Ong Chiu Kwan v CA Digest

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    Ong Chiu Kwan ordered the cutting of telephone, electric, and water lines belonging to Mildred Ong's business, Crazy Feet, without proper permits. He did this during the business' peak hours, interrupting its operations. While Ong Chiu Kwan's actions constituted unjust vexation, the court found no evidence to support awards of moral damages, exemplary damages, or attorney's fees against him. The court reversed the lower courts' rulings and sentenced Ong Chiu Kwan to only pay a fine of 200 pesos.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    42 views1 page

    Ong Chiu Kwan V CA Digest

    Uploaded by

    tris
    Ong Chiu Kwan ordered the cutting of telephone, electric, and water lines belonging to Mildred Ong's business, Crazy Feet, without proper permits. He did this during the business' peak hours, interrupting its operations. While Ong Chiu Kwan's actions constituted unjust vexation, the court found no evidence to support awards of moral damages, exemplary damages, or attorney's fees against him. The court reversed the lower courts' rulings and sentenced Ong Chiu Kwan to only pay a fine of 200 pesos.

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    © All Rights Reserved
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    of 1

    121. Ong Chiu Kwan v. CA o There is no evidence to support such award.

    Hence, we delete the award


    GR NO. 113006 of moral damages, exemplary damages, and attorney’s fees.
    November 23, 2000
    SPV Dispositive
    Topic: Unjust Vexation WHEREFORE, the decisions of the lower courts are REVERSED and SET ASIDE. In lieu thereof,
    Petitioners: ONG CHIU KWAN Accused Ong Chiu Kwan is hereby sentenced to pay a fine of P200.00, and the costs. The
    Respondents: PEOPLE OF THE PHILIPPINES award of moral and exemplary damages and attorney’s fees is hereby deleted.
    Ponente: Pardo

    FACTS
    - On April 23, 1990, at around 10AM, Ong Chiu Kwan (OCK) ordered Wilfredo Infante
    to relocate the telephone, electric and water lines of Crazy Feet, owned and
    operated by Mildred Ong, because the lines posed as a disturbance.
    o Ong Chiu Kwan failed to present a permit from appropriate authorities to
    allow him to cut the wires of the business establishment.
    - On January 31, 1991, Asst. Prosec Andres Bayona of Bacolod filed an Information
    charging Ong Chiu Kwan with unjust vexation.
    - MTC found him guilty of such and sentenced him to imprisonment for 20 days.
    o He was also ordered to pay moral damages, finding that the wrongful act
    of abruptly cutting off the electric, water pipe and telephone lines of
    "Crazy Feet" caused the interruption of its business operations during
    peak hours, to the detriment of its owner, Mildred Ong.
    o Exemplary damages were also awarded to complainant "as a deterrent to
    the accused not to follow similar act in the future and to pay attorney’s
    fees
    - On appeal to RTC, it affirmed the decision of MTC
    - OCK then filed a petition for review with the CA
    - CA affirmed RTC
    - Hence this petition to the Supreme Court

    ISSUE: W/N OCK is guilty of unjust vexation - YES

    HELD:
    - OCK admitted having ordered the cutting of the electric, water and telephone .lines
    of complainant’s business establishment because these lines crossed his property
    line.
    o He failed, however, to show evidence that he had the necessary permits
    or authorization to relocate the lines.
    o Also, he timed the interruption of electric, water and telephone services
    during peak hours of the operation of business of the complainant.
    - Thus, his act unjustly annoyed or vexed the complainant.
    o Consequently, petitioner Ong Chiu Kwan is liable for unjust vexation.
    - The award of moral and exemplary damages and attorney’s fees to be without
    basis.
    o Moral damages may be recovered if they were the proximate result of
    defendant’s wrongful act or omission.
    o An award of exemplary damages is justified if the crime was committed
    with one or more aggravating circumstances.

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