Title
Supreme Court
Romualdez vs. Court of Appeals, 16th Division
Case
G.R. No. 230391
Decision Date
Jul 5, 2023
FPHC sought to perpetuate Juliette Gomez Romualdez's testimony regarding allegedly ill-gotten PCIB shares, but the Supreme Court ruled in her favor, citing lack of merit, jurisdiction issues, and marital privilege.

Case Summary (G.R. No. 230391)

Applicable Law and Procedures

The petitions are governed by the 1987 Philippine Constitution and Rules of Court, particularly under Rule 65 for petitions for certiorari and Rule 45 for petitions for review on certiorari. The Court's rulings were influenced by existing jurisprudence regarding the execution of judgments pending appeal, particularly concerning grave abuse of discretion.

Procedural Background

In G.R. No. 230391, Romualdez sought to nullify the Court of Appeals’ resolutions that allowed execution pending appeal of the Regional Trial Court's orders, which had granted FPHC’s petition to perpetuate her testimony. In G.R. No. 250746, Romualdez challenged the Court of Appeals' affirmation of these orders.

Historical Context of Ownership Disputes

FPHC was the former owner of over six million shares in PCIB, sold to Trans Middle East (Phils.) Equities, Inc. (TMEE). These shares were sequestered by the PCGG in 1986, deemed ill-gotten from Romualdez. The ensuing litigation over these shares involved numerous complaints and motions, highlighting the complexity and duration of the legal battles surrounding the ownership of the PCIB shares.

Rulings of the Regional Trial Court

The Makati Regional Trial Court, in its orders of April 2015, permitted the perpetuation of Romualdez's testimony, asserting that her advanced age justified it to prevent any delay or failure of justice. The court noted the absence of objection from the PCGG, which later informed the court that it did not oppose the deposition process.

Court of Appeals' Support for Execution Pending Appeal

The Court of Appeals granted FPHC's urgent motion for execution pending appeal, determining that Romualdez's deteriorating physical condition constituted a valid reason. The appellate court's reasoning emphasized the potential for a failure of justice if her testimony was not taken promptly, citing concerns over her age and health.

Supreme Court's Ruling on Appeals

The Supreme Court concluded that both of Romualdez's petitions were meritorious, identifying grave abuse of discretion in the Court of Appeals’ allowance for execution pending appeal. The Court emphasized that such actions are exceptions and require compelling reasons that were not sufficiently substantiated in this case.

Evaluation of Execution Pending Appeal

The Supreme Court highlighted that execution pending appeal should primarily be reserved for situations where urgent circumstances exist, which could outweigh potential damages to the opposing party if a reversal occurs. It found that the Court of Appeals did not adequately consider the dismissal of FPHC's intervention complaints, which called into question the urgency claimed.

Jurisdictional and Merit Considerations

The Supreme Court also addressed issues surrounding jurisdiction, ev

...continue reading

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.