ChanRobles Virtual law Library
[G.R. No. 85494.� October 5, 2004]
Ramnani vs. CA
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated OCT 5 2004 .
G.R. No. 85494 (Choithram Jethmal Ramnani and/or Nirmla V. Ramnani and Moti C. Ramnani �vs. Court of Appeals, Spouses Ishwar Ramnani and Overseas Holding Co., Ltd.)
G.R. No. 85496 (Spouses Ishwar Jethmal Ramnani and Sonya Jethmal Ramnani vs. The Honorable Court of Appeals, Ortigas & Company, Ltd. Partnership and Overseas Holding Co., Ltd., et al.)
G.R. No. 105071 (Overseas Holding Co., Ltd. vs. Ishwar Jethmal Ramnani and Sonya Ramnani.)
On June 29, 2004, we issued an En Banc Resolution1 in the above-entitled cases approving the Order dated April 22, 20042 of the trial court (Regional Trial Court, Branch 119, Pasay City); directing the immediate issuance of the corresponding writ of execution; and requiring the trial court to submit a progress report on the enforcement of the writ of execution. The dispositive portion of our En Banc Resolution reads:
"WHEREFORE, the trial court's Progress Report of May 5, 2004 is NOTED and the Order of April 22, 2004 is APPROVED. To avoid further delay in the execution of our Decision, the trial court is hereby ordered to immediately issue the corresponding writ of execution within ten (10) days from notice; and to submit a progress report on the enforcement of the writ of execution every fifteen (15) days thereafter until the execution is terminated and fully satisfied."
Thereafter, the following motions and manifestations were filed with this Court:
1) "Urgent Manifestation And Motion" dated July 20, 2004,3 filed by respondent Ortigas & Company, Ltd.;
2) "Very Urgent Motion For Reconsideration" dated July 21, 2004,4 filed by petitioners-spouses Moti� C. Ramnani and Nirmla V. Ramnani; and
3) "Urgent Motion For Reconsideration" dated July 23, 2004,5 filed by petitioner Choithram Jethmal Ramnani;
The movants alleged that they have filed with the trial court their separate motions for reconsideration of its Order dated April 22, 2004; that these motions are still pending resolution as spouses
Ishwar Jethmal Ramnani and Sonya Jethmal Ramnani were given time by the trial court within which to file their comment/opposition to the motions for reconsideration; and that, therefore, this Court's En Banc Resolution dated June 29, 2004 approving the said Order of April 22, 2004 and directing the issuance of a writ of execution within ten (10) days from notice is premature.
Thereafter, the trial court issued another Progress Report and an Order,6 both dated July 19, 2004, modifying its Order of April 22, 2004 in the sense that only Choithram, Nirmla and Moti, all surnamed Ramnani, excluding Ortigas & Co., Ltd., are jointly and severally liable to pay spouses Ishwar and Sonya Ramnani moral and exemplary damages and attorney's fee in accordance with our Decision dated May 7, 1991.� The trial court, in the same Order of July 19, 2004, recomputed the liabilities of Ortigas & Co., Ltd. by deleting the award for moral and exemplary damages and attorney's fee, thereby reducing its total liability (jointly and severally with Choithram, Nirmla and Moti, all surnamed Ramnani) from P460,056,258.00 to only P385,895,598.00.
Subsequently, the trial court submitted two (2) Progress Reports dated July 23, 20047 and August 4, 20048 both specifying the various motions filed by the parties and the dates set for their hearing.� These motions are still unresolved.
WHEREFORE, the trial court's Progress Reports dated July 19, 2004, July 23, 2004 and August 4, 2004 are all NOTED. Resolutions of the three (3) motions filed with this Court earlier mentioned are held in abeyance pending submission by the trial court of its final Progress Report.
Morales, Callejo, Sr., Azcuna and Chico-Nazario, JJ., on leave
Very truly yours,
(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court
Endnotes:
1 Rollo of G.R. No. 85494, Vol. II at 2103-2106.
2 This Order states the procedures undertaken by the trial court to determine the valuation of the properties involved in this litigation, as well as the rentals, interests, damages and attorney's fee, in order to carry out the execution of our final and executory Decision dated May 7, 1991 and Resolution dated February 26, 1992.�� The trial court ordered Choithram Jethmal Ramnani, Moti Ramnani, Nirmla Ramnani and Ortigas & Co., Ltd. to pay, jointly and severally, spouses Ishwar Ramnani and Sonya Ramnani the total amount of P420,056,258.00.� The dispositive portion of the April 22, 2004 Order reads:
"WHEREFORE, pursuant to the Supreme Court's Decision in G.R. No. 85494 and G.R. No. 85496 promulgated on May 7, 1991 and as modified on February 26, 1992, the defendants Choithram Jethmal Ramnani, Moli Ramnani, Nirmla Ramnani and Ortigas and Co., Inc., are hereby ordered to pay, jointly and severally, unto the plaintiffs spouses Ishwar Ramnani and Sonya Ramnani the total amount of Four Hundred Twenty Million Fifty Six Thousand and Two Hundred Fifty Eight Pesos (P420,056,258.00), the breakdown of which is, as follows:
Fair Market Value of the Land���������������� -�������������� P 188,120,000.00 Fair Market Value of the Buildings
Fair Market Value of the Buildings
���� and other Improvements�������������������� -�������������������� 16,818,000.00
Rentals on the Properties����������������������� -�������������������� 51,157,065.00
Moral Damages������������������������������������� -������������������������� 500,000.00
Exemplary Damages������������������������������ -������������������������� 200,000.00
Attorney's Fee��������������������������������������� -�������������������� 25,679,506.00 Interest from March, 1992
Interest from March, 1992
��� until March, 2004������������������������������� -������������������ 177,581,687.00
��� Total�������������������� �����������������������������-��������������� P 460,056,258.00
��� Less: amount advanced���������������������� -�������������������� 40,000,000.00
Total����������������������������������������������������� -��������������� P 420,056,258.00
"SO ORDERED." (underscoring ours)
3 Rollo of G.R. No. 85494, Vol. II at 2107.
4 Id. at 2186.
5 Rollo of G.R. No. 85494, Vol. III at 2196-2261.
6 Rollo of G.R. No. 85494, Vol. II at 2162-2185.
7 Rollo of G.R. No. 85494, Vol. III at 2262-2266.
8 Id., at 2272-2276.
HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE
PHILIPPINE SUPREME COURT DECISIONS
QUICK SEARCH
