CA reverses RTC on Georgia's debts

MANILA, Philippines - The Court of Appeals (CA) Cebu Station reversed and set aside the ruling of the Regional Trial Court dismissing the complaint filed against Georgia Osmeña-Jalandoni, sister of Cebu South Representative Tomas Osmeña. 

Associate Justice Gabriel Ingles directed Jalandoni to pay her debt to Carmen Encomienda amouting to P3.2 million and US$6,638.20.

Earlier, the trial court dismissed the complaint for collection of sum of money on the grounds that the prosecution failed to establish the existence of a loan and that there was “no meeting of minds” between the two in relation to the amount.

The trial court added that though Jalandoni acknowledged having received the amount, it shows no evidence that she acknowledged it as a loan. Likewise, the trial court concluded that the sum of money received by Jalandoni from Encomienda was out of “generosity and liberality.”

However, Encomienda appealed the case and stated that the trial court committed a mistake in giving the decision.

“The court a quo erred in finding absence of the meeting of minds between plaintiff-appellant and defendants-appellees as an essential ingredient to the contract of loan between them,” the appeal reads.

Encomienda, in her appeal, said she gave the amount of P3, 245,836.02 and US$6,638.20 as per request of Jalandoni. She added that Jalandoni asked her for money sometime in 1997 when she was leaving for Manila to search and rescue her children who were taken by her husband.

She added that she again shouldered the other expenses including the two “psychic friends” of Jalandoni from Los Angeles to come to the Philippines to look for her children upon the request of the latter.

Encomienda said upon the arrival of Jalandoni in Cebu sometime in 1997, she asked the latter to settle her account but she never paid.

However, Jalandoni said Encomienda deposited the money to her account and when she asked if the money was a loan, the latter told her that it was to help her out and it wasn’t a loan.

Ingles, in his decision, stated that based on records the money was not given out of generosity.He said he gave more weight to the testimony of prosecution witness Laureano Rogero, Lupong Tagapamayapa of Barangay Kasambagan, Cebu City that Jalandoni during conciliation and mediation, acknowledged her loans with Encomienda.

“The testimony on record of witness Rogero deserves greater weight than the denials of Jalandoni,” decision reads.

Ingles ordered Jalandoni to pay her loan and P100,000 as attorney’s fees.

Meanwhile, Jalandoni told The FREEMAN through a text message that the case is on appeal as they filed a motion for reconsideration.    - THE FREEMAN