Hi Sir Mark,

I apologize for the late revert.

I. People vs Rafa

As already conveyed over our phone conversation, Rafa’s Counsel would

like to explore the possibly for a plea bargaining agreement.

As defined in Black’s Law Dictionary, plea bargaining is the “process where

the accused and the prosecutor in a criminal case work out a mutually
satisfactory disposition of the case subject to court approval.”

It is usually an arrangement where the defendant pleads guilty to a lesser

offense in exchange for a lighter sentence.

Here, Rafa would be willing to plea guilty to the lesser offense of

Unjust Vexation.

Malicious Mischief vs. Unjust Vexation

Malicious mischief is defined as the willful damaging of another’s property

for the sake of causing damage due to hate, revenge or other evil motive. To
successfully make a person liable for malicious mischief, the following elements
must be proved: 1) that the offender deliberately caused damage to the property
of another; 2) that such act does not constitute arson or other crimes involving
destruction; 3) that the act of damaging another’s property be committed merely
for the sake of damaging it (Luis B. Reyes, The Revised Penal Code, Book II
(15th Ed.), page 837).

The penalty for the crime of malicious mischief shall depend upon the
value and the kind of the property damaged. The kinds of malicious mischief and
its penalties are provided in Articles 328, 329 and 330 of the Revised Penal Code,
to wit: “Article 328. Special cases of malicious mischief. – Any person who shall
cause damage to obstruct the performance of public functions, or using any
poisonous or corrosive substance; or spreading any infection or contagion among
cattle; or who cause damage to the property of the National Museum or National
Library, or to any archive or registry, waterworks, road, promenade, or any other
thing used in common by the public, shall be punished:

1. By prision correccional in its minimum and medium periods, if the value

of the damage caused exceeds 1,000 pesos;
 2. By arresto mayor, if such value does not exceed the abovementioned
amount but it is over 200 pesos; and
3. By arresto menor, in such value does not exceed 200 pesos.

“Article 329. Other mischiefs. – The mischiefs not included in the next preceding
article shall be punished:

1. By arresto mayor in its medium and maximum periods, if the value of

the damage caused exceeds 1,000 pesos;
2. By arresto mayor in its minimum and medium periods, if such value is
over 200 pesos but does not exceed 1,000 pesos; and
3. By arresto menor or fine of not less than the value of the damage
caused and not more than 200 pesos, if the amount involved does not exceed
200 pesos or cannot be estimated.

The act of annoying someone, on the other hand, is called unjust vexation
and considered a form of light coercion punishable under Article 287 of the
Revised Penal Code, to wit:

“Art. 287. Light coercions. — Any person who, by means of violence, shall seize
anything belonging to his debtor for the purpose of applying the same to the
payment of the debt, shall suffer the penalty of arresto mayor in its minimum
period and a fine equivalent to the value of the thing, but in no case less than 75
pesos.”

Plea bargaining, benefits and drawbacks:

Plea bargaining assures a conviction, even if it is for a lesser charge or

crime, even without presenting any witness. It bears stressing that this is
advantageous in that no matter how strong the evidence may be, no case is a
foregone conclusion. Furthermore, cases often wage long and expensive trials,
and there is always the probability of losing a case.

However, a criminal defendant may receive a reduced charge in exchange

for accepting the plea deal. Here, accused will be offered a lighter sentence for
the crime. This may result in significantly less time behind bars in the event that
the individual was convicted of the crime after a full trial.

II. Herstal vs. Anonuevo, et. Al.

We just need an affidavit from the staff concerned as to the costs incurred
in repairing the damaged property. We have already prepared the Complaint and
now ready to proceed with filing the case before the Office of the Prosecutor of
Cabuyao.

Regards,

Atty. Chris