SC upholds lower court decision to give Ludo properties to widow

The Supreme Court has upheld the decision of Regional Trial Court judge Olegario Sarmiento favoring the common-law-wife of Don Cayetano Ludo, Gertrudes Nabua, in the civil case filed by her estranged son, Douglas Lu Ym.

In the 12-page decision handed down by the Supreme Court 1st Division dated last June 16, 2006 penned by Associate Justice Consuelo Ynares Santiago, the higher court dismissed the petition for indirect contempt filed by Douglas against Sarmiento and Makilito Mahinay, the legal counsel of Nabua.

Earlier, in the civil case for accounting filed by Douglas against his mother, Sarmiento favored Nabua by giving her half of all Don Cayetano's properties.

Aside from Nabua, the court also favored others siblings George Lu, Alex Lu, Cayetano Lu, Julieta Lu and Bernardita Lu against Douglas.

Don Cayetano and Nabua had 11 children including Douglas.

In the decision recently handed by higher court, the Supreme Court said that Sarmiento and Mahinay did not commit any act of amounting to indirect contempt.

"To reiterate, respondent Judge's March 16, 2005 decision and May 20, 2005 order do not constitute defiance of the Court's verdict in GR no. 161309. It follows therefore that the pleadings filed by atty. Mahinay in reliance of the aforesaid decision and other of trial court are not as well contumacious," the Supreme Court ruled.

The lawyers of Douglas filed an appeal to Sarmiento, but this was rejected and another appeal was made before the Court of Appeals. - Ramil V. Ayuman, correspondent