Damasen v. Hernando

MELENCIO-HERRERA, J.:

Sought to be annulled in this Petition for certiorari with Preliminary Injunction is the Order dated January 9, 1979 of respondent Judge Harold M. Hernando of the Court of First Instance of Abra, Branch I, in Civil Case No. 464, entitled "Segundina Damasen vs. Cecilia Quimang ", for Damages. That Order allowed, with modification, the Bill of Costs submittedy Cecilia Quimang, private respondent herein, but objected to by petitioner. The antecedental facts are summarized hereunder: On October 10, 1961, an Information was filed in the Court of First Instance of Abra against private respondent Cecilia Quimang for the crime of Grave Oral Defamation (Criminal Case No. 170).

The complainant in that Criminal Case was petitioner Segundina Damasen. Quimang was convicted of Slight Oral formation in a Decision rendered by that Court on September 27, 1966.1 Quimang appealed to the Court of Appeals. As the trial Court judgment did not award damages to petitioner as complainant, the latter filed an independent civil action for Damages (Civil Case No. 464 )2 before the same Court on November 3, 1966 (hereinafter referred to as the Damages Suit).

In the meantime, the Court of Appeals acquitted in the Quimang in the Criminal Case. On August 27, 1970, decision was rendered by then Judge Juan Aquino dismissing the Damages Suit, with the dispositive portion reading thus: IN VIEW OF ALL THE FOREGOING, and without going deeper to the other facts and circumstances of this case, the Court finds the action for damages without merit and hereby dismisses the same; ordering the plaintiff Segundina M. Damasen to pay to the defendant Cecilia Quimang her actual damages in the amount of One Thousand (Pl,000.00) Pesos, and another One Thousand (Pl,000.00) Pesos for moral and exemplary damages, plus the costs of this proceedings.3 (Emphasis supplied). No appeal was taken by either party from said Decision.

On August 8, 1974, private respondent's Motion for the execution of the judgment in the Damages Suit was granted (Judge Aquino still presiding), over petitioner's objection. A certiorari proceeding filed before the Court of Appeals by petitioner questioning said Order of execution was dismissed by that Court on October 29, 1974 "without costs" (CA-G.R. No. SP-03530).4 Review of the Appellate Court Resolution was similarly denied by this Tribunal on March 7, 1975 for lack of merit (G.R. No. L-39836).

On November 7, 1978, upon private respondent's instance, respondent Judge granted anew execution in the Damages Suit,5 and on November 21, 1978, he "noted and approved" ex-parte a Bill of Costs submitted by private respondent charging the following: For the answer P20.00 For the attendance of defendant Cecilia Quimang and her counsels 150.00 For the transcript 50.00 Attorney's fees 2,500.00