SPS. Chua vs. CA and Co

SPS. ANTONIO CHUA and VIRGINIA CHUA vs. CA and RUFINO CO.
G.R. No. 112660. 14 March 1995.
Petition for review under Rule 45 of the RC of the decision of the CA
Padilla, J.:

Facts: Private respondent Co is the lessee of the 2nd floor of the building located in Binondo, Manila where he conducts his garments manufacturing business. Petitioner spouses, manage a "Jollibee Yumburger" establishment on the ground floor of the same building. Co filed a complaint with Manila City Engineer's Office against the sps based on allegations that the spouses business' on the ground floor obstructed the 2nd floor and created heat and noise therein. In their answer to Co's complaint, the spouses filed a counterclaim for alleged damages resulting from the filing of the complaint.
After hearing, the RTC rendered a decision dismissing the complaint and ordering Co to pay the spouses actual, moral and exemplary damages as well as atty.’s fees. On appeal by Co, CA affirmed the decision of the RTC but deleted the award for damages to petitioners.

Issue: WON there was bad faith or ill-motive on the part of private respondent Co in filing his complaint against petitioners in the trial court which would entitle petitioners to damages

Ruling: CA decision AFFIRMED.
Generally, a complaint for malicious prosecution refers to unfounded criminal prosecutions, but the term has been expanded to include baseless civil suits filed without a cause of action or probable cause and which are meant to harass or humiliate a defendant.
In the case at bar, the letter complaint of Co was investigated by the Safety Engineers, who reported that the complaint was found to be substantially correct. Accordingly, no malice could be imputed to Co, who merely went to court to seek redress for his perceived grievance, which the City authorities initially acknowledged. The finding that he no longer conducted his business on the second floor of the building cannot be a basis for inferring the presence of bad faith, for it was likewise not refuted that Co still used the leased premises as a store room for his stocks and, besides, findings of bad faith cannot be based on mere inferences unsubstantiated by evidence. Damnum sine injuria esse potest ("There may be an injury inflicted without any act of injustice.")

*Dan'q