G.R. No. 192737 - NEMIA CASTRO, VS. ROSALYN GUEVARRA AND JAMIR GUEVARRA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered in favor of plaintiff and against defendants Rosalyn Guevarra and Jamir Guevarra ordering the discharge of Far East Bank and Trust Co. (FEBTC) Check No. 0070789 and its replacement FEBTC Check No. 0133501, which, defendant subsequently affixed the date July 15, 2000 thereto, both in the amount of P1,862,000.00, the same are hereby cancelled if not returned to the plaintiff. Further, FEBTC Check Nos. 0133574 and 0133575 dated March 24, 2000 and March 30, 2000, respectively, each in the amount of P10,000.00 are also hereby declared as without value. Likewise, the defendants are ordered to return to the plaintiff the amount of P477,257.00 representing the excess payment made by plaintiff plus legal interest of 12% per annum, from the filing of this complaint until fully paid. Further, defendants are ordered to pay plaintiff moral damages of P400,000.00, exemplary damages of P100,000.00, attorneys fees of P200,000.00, and the costs of suit. Furthermore, for lack of factual and legal basis, Criminal Case No. 8624-01, entitled People of the Philippines vs. Nemia Castro, for Estafa under Article 315 (2-d), RPC in Relation to PD 818, is hereby DISMISSED. Thus, the Clerk of Court is directed to furnish the Municipal Trial Court of Imus, Cavite, with the copy of this Decision for its information and guidance with regard to the Criminal Cases involving FEBTC Check Nos. 0133574 and 0133575 pending before the said Court. SO ORDERED.