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Valenton, Francis Angelo T.

Criminal Law 2


Kwan vs. CA (G.R. No. 113006)

Facts: The petitioner is Ong Chiu Kwan. The respondents are the Court of Appeals and the
People of the Philippines. In the case at bar, on April 24, 1990, Ong Chiu Kwan ordered a certain
Wilfredo Infante to relocate the telephone, electric, and water lines of Crazy Feet, a business
establishment, because said lines posed as a disturbance to them. However, the herein petitioner
failed to present a permit from appropriate authorities allowing him to cut the electric wires,
water pipe and telephone lines of the business establishment. An information was charged
against the petitioner with unjust vexation for cutting said electric wire, water pipes and
telephone lines of Crazt Feet. The Municipal Trial Court found Ong Chiu Kwan guilty of unjust

Issue: Is the appellant guilty of unjust vexation.

Held: The Supreme Court said that the petitioner having admitted ordered someone to cut the
electric, water, and telephone lines of the complainant’s business establishment without
authorization to relocate such is sufficient to hold the petitioner liable for unjust vexation.
However, with respect to the damages, the Supreme Court finds the award for exemplary and
moral damages to be clearly excessive.