22 SUPREME COURT REPORTS ANNOTATED Department of Pieblic Works ways ‘We alse depart fhem the CA.and the RTC rulings awarding the spondents abtoney’s fees and coats of suit, The Constitution provides that ‘no money shall be p: of an appropriation made bi ‘were not included in the axprepnis bia: Bamban-Parua project. In a hat there was bad faith on the part ity to the respondents for the works a ‘The DPWH relied on P-D. 1445, Section 87, w tracts in violation af Sections 85 ond 86 thereof are void. T contracts undoubtedly Incked yement of ‘he chief accountant of DIWPH. It was also clear that the project manager had no authority to approve the contracts, into es and costs of © tov the 84 com vw; az the DPWH officials diel, would therefare give a rwason denial of the elaim and én their part, The DFWVH ofcis were apparently apprehe ight ond up being Hable to the govaramext if they psd the contractors. This npprehensi letter to the DOJ Seevctary. Ia conslusias, we uphold the C8 i ished by herein conteaetous 1, delote the lisbility of Gregoria Vigilar, Teodozo Jose P. do Josus, as well ax other spondets, as these ne nat ‘listed werlee nad were nct funded by the department. 929 © Toweth Felder ef Exlubits, p. 1 DPWH Department Order Serie of 1090, se Tether Gated 14 Septersiee 1009, wetter by Joel L. Altaa, Asst anagesneat ofthe DSH M. Diilon, soe “9. 135, bythe Validation Cammittes and the COA, VOL, 659, OCTOBER 12, 2011 23 tod 4, People VIEW THEREOF, the sesailed 26 June 2008 Decision of the ypeals is escby ABFIRMED ith MODIFICATION. regorio Vielae, Teodoro Encarnacion and dose P. de Jesus axe ab- ¥ linblity with the government ‘or the pay int of the subject contracts. The payment is solely ane of GH Likewise, attorney's foes and costs of suit aco hereby DE- LETED SO ORDERED. rnio (Chairperson), Brion, Reyes and Perlas-Be meclificatian id courts have fag they are not contrary ‘A atipulation for the interest in case of delay is ie policy. (Nicolas ws, Note. A contract is the law between the parties, tno cheise bul to anfaree such ecntvact «0 morals, good custome or public Dki-Nacia Corporation, 652 SORA 645 (2008)) —o00o— GR, No, 185835, October 12, 2011. OBERT TAGUINOD, petitioner, v=, PEOPLE OF THE PHILIP. PINES, respondent, THERD DIVISKuM SUPREME COURT REPORTS ANNOTATED VOL. 659, OCTOBER 12, 2011 25 lied come fasts er would havo affected the result of the cose. This dastrine is prorsiged ts best eppertunlty te obser te prove the guilf of petitiaer beyond ressonable doubt. The elem crit ef ruiciuae mischief under Arciele 327 ofthe Revised Pena 1) That the offender deliberately caunee damage to 2)-That such net does not constitute areoa or other c 3) Taat the act of damaging anoter's preperty be co ee of darzeging it PETITION for review on certiorari af the do the Cour of Appeals, facts ore stated in the opinion of the Court, Brninainwel Rica ©, C7 PERALTA, & us fev pat For this Court's consideration is 1 rmuaty 5, 2009 of petitioner Robert Decision’ of the Court of Appeals (CA) dated September 8, 2605 * Ralfa, pp. 18-182. " Penned by Associate Justice [sales Died! Taguinod vs, People 2008 affirming the Decisions of its Resolution’ dated December 1 Regional Trisl Court of Makati ‘Trial Court of Makati City «MeT@? dated Sopvem ‘eamber 8, 2096, respec 6, 2007 and May 28, 2002 at the all Fedeo Ang tprivata Honds CRV (CAV) from the 3 base- iment parking, while Robert Tagus nner) was driving hie suki Vitars (Vitara) from tke 2” basement parking, When they ye about to quewe at the comer ts pay the parking fees, the reepes- fe vehielas ware edging each othor. The CRV was shoad of the weue, but the Vitara txied fo overtnke, which resulted the touching thely side wav micnors, The side vdew mirror of the Vitara was dl backward and naturally, the side view mirror af the ORV was ithed formard. This prompted the private complainant wife and spactively, to alight from Potitionsr appa toense, the private ox structed to go back to the CRV. Waile they were returning to the car, peti x accelerated tho Vitara and moved backward as if to hit thon, CRY, having been overtaken hy the Vitara, toole another lane. ant wae able to pay the parking fee at te boat lof petitioner. When tho ORV was at the upward zamap leading tathe xi, tho Vitara bumped the CRWs rear portion and pushed the CRY until it hil the stainless steel railing loeated ot the exit portion 1¢ CRY sustained damage et the back front bumper, the repsir af whieh company shouldered the said plainant paid P18,191.68 as his particie amounted to P57.46466, The bout the private com; ap dB-47, BR 91-88, at pp. B67.26 SUPREME COURT REPORTS ANNOTATED VOL. 659, OCTOBER. 12, 2011 27 Taguinad vs, Poople pation, On the other hand, the Vitws sustained side ofits bumper. ‘Thereafter, an Informati against petitioner fer the ct and penalized under Article 27 of the Revised Penal Code (RPC) ‘The Information roads as follows: igeon the right was fled in the MeTC of Makati City That on ov about the 26° day of May, 2000, ia Irate and revenge ex other fully and feloniously bump the rear poi No, ABB-222 driven by Pedro N, Arg. shu, ca maotaat of F200.00 CONTRARYTO LAW * uring the arraignme! 10, 2003. Consequsatly, the trial om the merits ensued, tion presented the testimony of pr th other hand, presented the testimo ned, the wifi of pe Jojet N. 8: sion dated November 8 2006, of tha crime charged in the Infor aby rendered FOUR (4) MONTHS imp Arcused Rabott Taguinod 3 Ayscn is bkewlse ordered to pay fant Paro Ang tho amount of Bi8,181.58, representing compluinaat's ieious mischief Any persen her any Garaage wot hall ba puilty of realieions of 'B50N00,00 as moral damages, and the amount of P25,000.03 a attorney's feos; and to pay the costs, SO ORDERED.” ‘The ease was appealed to the RTC ef Makati City, whieh rendered its Decision dated September 6, 200%, affirming the decision of the MeTC, disposing the appealed case as fo “WHEREFORE, ans is AFFIRMED 50 ORDERED.” daced 8 November 12 CA partly granted ptember 8, 2008, ruling that: ing pevmiees, the petition for re 2. ‘The anand of moval damages is redveed to P20000.00; 454 3. The award of reduced te 810,000.00, SO ORDERED." dated February 6, 201 petition. Homevor, alter petitioner fled a p88, atm teh at pp. 154-285. “la pp. 168-168