Malicious Prosecution in the Philippines takes two forms: civil and criminal

Malicious Prosecution in a Criminal Case

It isn't a crime per se. However, it is penalized with damages. To prove that malicious prosecution exists, the following elements must be present:

1.) The defendant was the prosecutor or offended party in a criminal case filed against the plaintiff;

2.) The case was filed without probable cause (read: flimsy or insufficient evidence;)

3.) The defendant filed the criminal case out of legal malice and sinister motives; and,

4.) The plaintiff was acquitted (Tan vs. CA, 131 SCRA 397.)

Malicious Prosecution inf a Civil Case

The same case also outlined the requisites of malicious prosecution in a civil case. These are:

1.) The defendant had filed a civil case against the plaintiff before;

2.) The defendant was motivated by sinister motives or ill-will;

3.) The case was dismissed for being baseless, unfounded, malicious or lacking in merit; and,

4.) The plaintiff suffered damage or injury because of the civil case the defendant filed against him.

Note: the case doesn't necessarily become a malicious prosecution case if the suit was merely filed. If a case of malicious prosecution is filed while the previous case is still in court, the malicious prosecution case will be dismissed because it is considered premature. Also, if there is not proof of bad faith or evil motives during the malicious prosecution case itself the plaintiff will not be entitled to moral damages.

There is also the concept of damnum absque injuria to consider. If damage was suffered because of the exercise of the legal right of another person, that other person will not be liable to pay damages.

Granting of Damages

The following are the kinds of damages and other payments under the Civil Code, each with its corresponding bases (instances) of when they can or can't be granted.

1. Actual Damages

Can be granted in all instances: crimes/delicts (Art. 2202 & 2206,) quasi-delicts/culpa aquiliana (Art. 2202,) contracts (Art. 2201,) quasi-contracts (Art. 2201 & 2167) and damage to property (Art. 2200.)

2. Moral Damages

Can be granted in case of crimes/delicts [Art. 2219 (1) & (3-6,)] quasi-delicts/culpa aquiliana [Art. 2219 (2)] and damage to property (Art.2220, if damage is willful or deliberate.) Can't apply to quasi-contracts and will only apply to contracts if the violation of the contract is done in bad faith or with fraud (Art. 2220.)

3. Exemplary Damages

Can be granted as part of the civil liability in crimes/delicts if 1 or 2 aggravating circumstances were present during the crime. Can be granted in damage to property if the damage was necessary for the public good and can be awarded together with other damages except nominal ones (Art. 2229.) Can't be granted in culpa aquiliana/quasi-delict except if there is gross negligence on the defendant's part (Art.2231.) Can't be granted in case of contracts and quasi-contracts unless the defendant acted malevolently, fraudulently, recklessly, wantonly or oppressively (Art. 2232.)

4. Liquidated Damages

Applies only to contracts (Art2226.) Won't apply to the other bases.

5. Temperate/Moderate Damages

Won't apply to damage to property. In crimes/delicts, culpa aquiliana/quasi-delicts, contracts and quasi-contracts, they can be granted only if the loss can't be proven with certainty (Art. 2224.)

6. Nominal Damages

Can be granted in quasi-contracts, contracts, culpa aquiliana/quasi-delict and damage to property (Art 2222.) For crimes/delicts, can be granted in trespass to dwelling (Art. 2221-2222.)

7. Interest (or as part of damages)

Can be granted in crimes/delicts and quasi-delicts/culpa aquiliana (Art.2211.) Can be agreed stipulated in contracts [Art. 1933 (3) & Art. 2209-2210.] Can be granted in quasi-contracts (solutio indebiti) when acceptance of undue payment was in bad faith (Art.2159.) Won't apply in damage to property

8. Extraordinary Attorney's Fees

Can be granted in all bases (Art 2208.) The following paragraphs of Art. 2208 apply: 3 & 9 (crimes/delicts,) 2 & 11 (quasi-delict/culpa aquiliana,) 11 (contracts, as a penaly, also Art. 1226,) 5 & 11 (quasi-contracts) and 5, 9 & 11 (damage to property.)

Regularization of Private School Teachers' Employment

The Manual of Regulations for Private Schools (Par. 75) lays down the following characteristics of a teacher who becomes a regular employee of a school:

1.) He must be full-time

2.) Must have rendered three (3) consecutive years of service

3.) His service must have been satisfactory

Accordingly, private schools are allowed to set a maximum of three (3) years for probationary employment for teachers. The purpose of this probationary period is to learn a skill, trade, occupation or profession. The private schools are also given the prerogative to set the standards that determine satisfactory performance of potential teachers. These standards must be determined in accordance with "Academic Freedom and constitutional autonomy which give the educational institutions the right to choose who should teach." (Cagayan Capitol College vs. NLRC, 189 SCRA 558.) These criteria are subject to the standards set by the Department of Education. After the 3 years, the teacher isn't automatically regularized. The school will still have to evaluate his performance.

While on probationary employment, such teachers enjoy security of tenure. They cannot be dismissed except for cause while still serving under their contracts. Upon expiration of the contract, however, they cannot compel their former employers to renew their employment contracts.

A school may, however, bypass the contract and make the teacher-applicant a regular employee if it deems the applicant worthy of such. This is because Par. 75 of the Manual of Regulations for Private Schools does not specify that the 3 years of satisfactory service be contractual. Furthermore, this is in line with one of the few absolute powers the Labor Code grants to the employer: the power to hire.

Claiming Tax Refunds and Credits

In case you've overpaid your taxes, were given a wrong assessment or got extorted, here are the steps you have to follow:

1.) File a written claim for tax credit or tax refund with the Collector of Internal Revenue (CIR) within 2 years from the date of payment.

2.) If the decision isn't favorable, file a petition for review before the Court of Tax Appeals (CTA) in division within the same 2-year period. Do the same thing if the CIR doesn't decide and the 2-year period is about to expire.

3.) If the CTA's decision isn't favorable, file a Motion for Reconsideration or New Trial within 15 days from the date you received the CTA's decision.

4.) If the decision's still not favorable, file a petition for review with the CTA en banc (the whole court) within 15 days from the date you received the decision.

5.) If still not favorable, file a motion for review or new trial with the the CTA en banc within 15 days from receipt of the decision.

6.) If still unfavorable, go on certiorari to the Supreme Court, not the Court of Appeals, within 15 days from the date you received the CTA decision.

The CTA is the appellate court for tax cases.