Title: RP vs Modesto Enriquez et a
Respondents: Modesto Enriquez, Trinidad Diaz-Enriquez, Rebecco Panlilio, Erlinda Enriquez-Panlilio, Leandro Enriquez, the Marcos Spouses, Don M. Ferry, Roman A. Cruz, Jr.,Guillermo Gastrock, Gregorio R. Castillo, Ernesto Abalos
Court: Sandiganbayan
Nature of the case: Reconveyance, Reversion, Accounting and Damages
Date filed: 07/23/87
Summary of Complaint: The Sandiganbayan dismissed the case against the 12 defendant-corporations on 7 February 2002. Said dismissal was affirmed by the Supreme Court in a Decision promulgated on 13 July 2010 in G.R. No. 154560.
Meanwhile, RP’s Petition for Review dated 11 March 2008 docketed as G.R. No. 181458 was granted by the Supreme Court in a Decision promulgated on 20 March 2013 and ordered the reinstatement of Civil Case No. 0014. According to the Court, the circumstances in Civil Case No. 0014 should have readily convinced the Sandiganbayan that it would be farfetched to conclude that petitioner lacked interest in prosecuting its case. Further, the order of dismissal was bereft of any explanation alluding to the indifference and irresponsibility of the petitioner, and also silent on any previous act of petitioner that can be characterized as contumacious or slothful. An entry of Judgment was issued by the SC stating that on 6 March 2014 the case has become final and executory and is recorded in the Book of Entries of Judgment.
A motion for reconsideration was filed by the Heirs of Roman Cruz, Jr. but was denied in a Resolution dated 3 July 2013. In a Resolution dated 15 July 2015, the SC resolved to re-send said Resolution to respondent Isiah Pavia Cruz.
Hearing is reset on May 28 & 29, 2018 both at 8:30 am. The marking of documentary exhibits shall be done before the Division Clerk of Court on May 15 & 16, 2018 at 2:00pm
In the hearing dated 28 April 2018, the plaintiff dispensed with the testimony of Ma. Lourdes O. Magno, Records Custodian of PCGG, after stipulation with the defense, who admitted that the documents marked as plaintiff’s Exhibit “I” to “I-6” can be identified by the witness as being in custody of the PCGG, and that certified true copies of these documents were already shown to the counsels for comparison. The parties also agreed to stipulate that Ms. Magno had no participation in the preparation of the documents, she is not a signatory to any of them, and has no personal knowledge of the contents. The continuation of the hearing is set on August 20 and 28, 2018 at 8:30 AM. On said dates, the plaintiffs are enjoined to complete the presentation of evidence, all setting before August 20, 2018 are cancelled.
Objection and/or Comment (Re: Plaintiff’s Formal Offer of Evidence dated Sept. 20, 2018 were filed by defendants Heirs of Rebecco E. Panlilio and Erlina E. Panlilio. Defendant Heirs of Roman Cruz, Jr. filed their also filed their Comment and Opposition dated October 1, 2018.
Considering that there is no Resolution yet on the formal offer of evidence of the Plaintiff Republic, in an Order dated October 3, 2018. Hearing is set on March 25 and 26, 2019 at 8:30 AM. RP was given 15 days to submit the return cards showing actual receipt by the counsels for respondents of the copies of the Formal Offer of Evidence sent them by the RP, to which the RP filed Compliance dated December 18, 2018, noted by the Court on December 27, 2018.
In the Minutes held on January 28, 2019 , the Court, acting on the Formal Offer of Evidence dated Sept. 11, 2018 filed by plaintiff RP and considering the (a) Objection and/or Comment (Re: Palintiff’s Formal Offer of Evidence) dated Sept. 20, 2018 filed by defendant Heirs of Rebecco E. Panlilio and Erlinda E. Panlilio and (2) Comment on/Opposition to Plaintiff’s Formal Offer of Evidence dated October 1, 2018 filed by respondnet Heirs of Roman Cruz Jr. (except Isaiah Pavia Cruz), the Court resolved to admit plaintiff’s Exhibits A to C, G, I to Z, AA to ZZ, AAA to ZZZ, AAAA to ZZZZ, AAAAA to ZZZZZ, AAAAAA to IIIIII, except the documents purportedly marked as Exhibits E, F, and submarkings and H anad submarkings which are mentioned in the Formal Offer of Evidence but are not among those submitted to the Court.
On February 19, 2019, republic filed a Motion for Partial Reconsideration on the January 28, 2019 Resolution.
Defendants Heirs of Rebecco Panlilio and Erlinda Panlilio filed a Demurrer to Evidence dated February 26, 2019.
On March 8, 2019, Defendant Heirs of Roman Cruz, Jr. filed a Comment/Opposition to Plaintiff’s Motion for Reconsideration dated 19 February 2019 and prayed for its denial.
On March 15, 2019, Defendants Heirs of Rebecco Panlilio and Erlinda Panlilio filed a Comment and/or Opposition to republic’s Motion for Partial Reconsideration dated 19 February 2019 and prayed for its denial.
On April 10, 2019, Republic filed its Comment/Opposition to Defendants Heirs of Rebecco Panlilio and Erlinda Panlilio’s Demurrer to Evidence dated February 26, 2019 and prayed for its denial.
On May 10, 2019, acting on the Motion for Partial Reconsideration dated February 19, 2019 filed by RP praying for partial reconsideration of the Resolution dated Jan. 28, 2019, denying admission of Exhibits “H”, “E” and “F” bec. they were not among those submitted together with plaintiffs Formal Offer of Evidence and there is no indication therein whatsoever of the whereabouts os said documents, the Court resolved to grant the motion insofar as Exh “H” is concerned, it having been established that it is attached to the Judicial Affidavit of Maria Lourdes Magno. Anent Exh. E and F, not even photocopies thereof have been attached to plaintiffs Motion for Partial Recon. Hence, the prayer for reconsideration of their non-admission is denied.
The case is now set for the presentation of respondents’ evidence, on August 12, 13, September 23, 24, October 21, 22, November 11 and 12, 2019 at 8:30 AM. No ruling has yet been issued to the Panlilios’ Demurrer to Evidece.
Status: Pretrial
Date Entered Status : 10/01/07
Relevant Case/s: GR No. 181458
Remarks: Case was on pre-trial (submission of joint stipulation of facts) when the case was dismissed by the Sandiganbayan on 1 October 2007 for failure of RP’s counsels to appear during the scheduled hearing. Case reinstated on 20 March 2013.