A.M. No. RTJ-16-2455 (Formerly OCA I.P.I. No.10-3443-RTJ) - NEMIA CASTRO, COMPLAINANT, VS. JUDGE CESAR A. MANGROBANG, REGIONAL TRIAL COURT, BRANCH 22, IMUS, CAVITE.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered in favor of plaintiff [Nemia Castro] 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, defendants 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 Checks 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, attorney's 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 P.D. 818, is hereby DISMISSED. Thus, the Clerk of Court is directed to furnish the Municipal Trial Court of Imus, Cavite, with a copy of this decision for its information and guidance with regard to the Criminal Cases involving FEBTC Checks Nos. 0133574 and 0133575 pending before the said court. [1] In the body of the same Decision, Judge Español mentioned that the spouses Guevarra's Motion to Defer Action was denied "pursuant to Section 7, Rule 65 of the 1997 Rules of Civil Procedure." Spouses Guevarra filed on January 26, 2004 a Motion for Reconsideration assailing the validity of the Decision dated December 22, 2003 in Civil Case No. 2187-00 on the grounds that it was promulgated after Judge Español's retirement; it was contrary to law and the facts of the case; and it was rendered without due process as they were denied the right to present evidence. Spouses Guevarra filed two days later, on January 28, 2004, a Motion to Re-Raffle Case considering Judge Español's mandatory retirement on January 9, 2004 and the uncertainty of when a new judge would be appointed to replace her. Judge Norberto Quisumbing, Jr., Executive Judge of the RTC of Imus, Cavite, issued an Order [2] dated January 28, 2004 granting spouses Guevarra's Motion to Re-Raffle Case, and consequently, Civil Case No. 2187-00 was raffled to RTC-Branch 22, presided by Judge Mangrobang. On December 15, 2004, Judge Mangrobang issued an Omnibus Order resolving spouses Guevarra's (1) Motion to Defer Action, and (2) Motion for Reconsideration of the Decision dated December 22, 2003. Judge Mangrobang found merit in spouses Guevarra's Motion for Reconsideration, thus: After a thorough study of the positions of both parties, this Court is of the opinion that defendants [spouses Guevarra] had clearly p