G.R. No. 174673 - REPUBLIC OF THE PHILIPPINES, VS. FE ROA GIMENEZ AND IGNACIO B. GIMENEZ.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the Sandiganbayan gave the Republic 30 days or until March 29, 2006 "to file its formal offer of evidence." [14] On March 29, 2006, the Republic moved "for an extension of thirty (30) days or until April 28, 2006, within which to file [its] formal offer of evidence." [15] This Motion was granted by the Sandiganbayan in a Resolution of the same date. [16] On April 27, 2006, the Republic moved for an additional 15 days or until May 13, 2006 within which to file its Formal Offer of Evidence. [17] This Motion was granted by the Sandiganbayan in a Resolution dated May 8, 2006. [18] Following this, no additional Motion for extension was filed by the Republic. In the first assailed Resolution dated May 25, 2006, the Sandiganbayan noted that the Republic failed to file its Formal Offer of Evidence notwithstanding repeated extensions and the lapse of 75 days from the date it terminated its presentation of evidence. [19] Thus, it declared that the Republic waived the filing of its Formal Offer of Evidence. [20] The first assailed Resolution provides: It appearing that the plaintiff has long terminated the presentation of its evidence on February 27, 2006, and it appearing further that it failed or otherwise neglected to file its written formal offer of evidence for an unreasonable period of time consisting of 75 days ( i.e. , 30 days original period plus two extension periods totaling 45 days), the filing of said written formal offer of evidence is hereby deemed WAIVED. WHEREFORE, the reception of the defendants' evidence shall proceed on June 22 and 23, 2006, both at 8:30 o'clock [sic] in the morning as previously scheduled. [21] Ignacio Gimenez filed a Motion to Dismiss on Demurrer to Evidence dated May 30, 2006. [22] He argued that the Republic showed no right to relief as there was no evidence to support its cause of action. [23] Fe Roa Gimenez filed a Motion to Dismiss dated June 13, 2006 on the ground of failure to prosecute. [24] Through her own Motion to Dismiss, she joined Ignacio Gimenez's demurrer to evidence. [25] Two days after Fe Roa Gimenez's filing of the Motion to Dismiss or on June 15, 2006, the Republic filed a Motion for Reconsideration [of the first assailed Resolution] and to Admit Attached Formal Offer of Evidence. [26] The pertinent portions of the Republic's offer of documentary exhibits attached to the Motion are summarized as follows: Exhibits A to G and series consist of the Income Tax Returns, Certificate of Income Tax Withheld On Compensation, Statement of Tax Withheld At Source, Schedule of Interest Income, Royalties and Withholding Tax, Statement of Assets, Liabilities & Net Worth of Ignacio B. Gimenez from 1980-1986 proving his legitimate income during said period. Exhibits H -J and series refer to the Deeds of Sale and Transfer Certificates of Title proving that spouses Gimenezes acquired several real properties. Exhibits K and series (K-1-K-4) pertain to Checking Statements Summary issued by the Bankers Trust