Teofilo testified that he bought the property subject of the controversy from Clarito Baldeo, who in turn, purchased it from one Alexandra Bernabe, as evidenced by a contract of lease with option to purchase. 8įor the defense, only Teofilo was presented.
He also tried to persuade the petitioners to stop as well as accused Teofilo, Olive and Ricky what they were doing. Teddy and Gil stopped only when some Barangay Tanods arrived in the vicinity. Barangay Tanod Andres Bonifacio testified that on July 7, 2003, Bolbes went to their barangay and filed a complaint against the five accused which was entered in the barangay blotter under entry no. In the said Sinumpaang Salaysay, Bolbes declared that on July 6, 2003, petitioner Teddy and accused Gil and Ricky, upon the order of Teofilo and Olive and without Bolbes's consent, entered the subject property by destroying the iron fence, removing the cement foundation and made diggings until it reached a portion of the foundation of his apartment, thus, exposing his apartment to danger of being destroyed in case of heavy rains. On the witness stand, Bolbes identified his Sinumpaang Salaysay and confirmed the truthfulness of his statements. He started occupying the said property in 1989, prior to his application with the HIGC. Bolbes claimed to have purchased the property subject of this controversy from the Home Insurance and Guaranty Corporation (HIGC) for P554,400.00 payable in installments as evidenced by the Contract to Sell dated February 28, 2002. The evidence for the prosecution shows that complainant Bolbes and the five accused were neighbors at Bernabe Subdivision, Parañaque City.
The case was referred to the Philippine Mediation Office, but the parties failed to amicably settle their differences. 03-2757, only against Teddy, Gil and Ricky.Īll accused pleaded not guilty on the separate charges, except Ricky who still remains at large. 03-2756, and another Information for Other Forms of Trespass to Dwelling, docketed as Crim. 03-2756 and 03-2757.Ĭomplainant Freddie Bolbes (Bolbes) filed before the MeTC, Branch 77 of Parañaque City an Information 5 for malicious mischief against Teddy Grana (Teddy), Gil Valdes 6 (Gil), Ricky Dimaganti (Ricky), Olive Grana (Olive), and Teofilo Grana (Teofilo), and docketed as Crim. 10-0980 and 10-0981, which in turn affirmed in toto the AugJoint Decision 4 of the Metropolitan Trial Court (MeTC), Branch 77, Parañaque City in Criminal Cases Nos. 34194, partially reversing the Decision 3 of the Regional Trial Court (RTC), Branch 195, Parañaque City, in Criminal Case Nos. This Petition for Review on Certiorari assails the FebruDecision 1 and JResolution 2 of the Court of Appeals (CA) in CA-G.R. THE PEOPLE OF THE PHILIPPINES, RESPONDENT. TEDDY GRANA AND TEOFILO GRANA, PETITIONERS, VS.
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