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[G.R. No. 85494.� June 29, 2004]
RAMNANI vs. CA
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated JUN 29 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 July 10, 2001, the Court En Banc promulgated a Resolution [1] cralaw in the above-entitled cases, the dispositive portion of which reads:
"WHEREFORE, this Court's Resolution dated August 17, 1999, is reconsidered. The January 27, 1994 and April 5, 1994 orders of the Regional Trial Court, Branch 119, Pasay City, in Civil Case No. 0534-P are set aside. The trial court is ordered to speedily enforce and execute this Court's final and executory Decision dated May 7, 1991 and the Resolution dated February 26, 1992; and to expeditiously resume and complete the proceedings in execution, including the valuation of the parcels of land covered by TCT Nos. 403150 and 403152 of the Registry of Deeds of Pasig City for the purpose of determining the final and total monetary entitlement of spouses Ishwar Jethmal and Sonya Jethmal Ramnani, less the amount of Forty Million (Php40,000,000.00) pesos received by them, strictly according to the tenor of the above decision and Resolution of this court. The trial court is further directed to report the progress of its compliance within fifteen (15) days from notice and every 10 days thereafter, until the execution is terminated. (Emphasis supplied)
SO ORDERED."
The Court then directed the trial court, Regional Trial Court, Branch 119, Pasay City, to determine the total monetary entitlement of the winning parties, spouses Ishwar Jethmal Ramnani and Sonya Jethmal Ramnani.
Continuous hearings were then conducted by the trial court wherein the parties presented their respective evidence. Eventually, it issued its Progress Report and Order dated April 22, 2004 stating the procedures undertaken to determine the valuation of the properties involved, as well as the rentals, interests, damages and attorney's fees in order "to carry out the execution of the judgment." The dispositive portion of the 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, Moti Ramnani, Nirmla Ramnani and Ortigas and Co., Inc., are 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
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
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."
Having determined the fair market values of the properties and the amounts of rentals, damages, interests and attorney's fees involved, the trial court may now order the execution of our final and executory Decision dated May 7, 1991 and Resolution dated February 26, 1992.
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.
Vitug, J., on official leave. Austria-Martinez, J., on leave
Very truly yours,
(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court
Endnotes:
[1] cralaw 360 SCRA 645, July 10, 2001.
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