Court clears Mabatid of P12.8M damage suit

CEBU, Philippines — Cebu City regional trial court (RTC) has dismissed a damage suit filed by Cebuana singer Eva de los Santos and her husband, Ruben David, against Mabolo, Cebu City Barangay Captain Niña Prisca Mabatid.

Judge Generosa Labra of RTC Branch 23 junked the case following the non-appearance of the couple and their counsel during the pre-trial conference last Thursday.

“…Plaintiffs and counsel, Atty. Patrick M. Galito, did not appear despite notice. As prayed for by Atty. (Vicente) Fernandez (Mabatid’s counsel), plaintiffs are hereby declared non-suited,” Labra’s order read.

Fernandez said the non-appearance of the couple was not something new as they also failed to appear during their mediation on July 4, 2018.

Under the law, appearance of both parties during pre-trial conference is mandatory.

Fernandez said if the defendant failed to appear during the pre-trial conference, they will also be defaulted.

Defaulted means they can no longer present evidence, he said.

The couple through their counsel asked the court to order Mabatid to pay them P10 million moral damages; P2.7 million exemplary damages, and P100,000 attorney’s fees and P5,000 per hearing.

Fernandez said the damage suit filed by the couple was in relation to the libel case the latter filed against Mabatid and the members of the media before the prosecutor’s office.

The libel complaint was earlier dismissed for lack of probable cause.

The couple sued Mabatid for allegedly “accusing them in public of swindling or defrauding her in buying a townhouse” from them, and the media for publishing the alleged unverified and unsubstantiated accusations.

The couple alleged that on December 19, 2017, Mabatid called for a live interview where several media were present and published the purported libelous articles.

They claimed they were accused of estafa.

Moreover, Fernandez said next year they will be presenting their evidence in relation to their counter-claim against the couple.

The damage suit filed by the couple, he said was a form of “harassment”.

In their counter-claim, they asked the court to order the couple to pay Mabatid P15 million for moral damages; P500,000 as attorney’s fees and P5,000 for  appearance  fee per hearing; P1 million  for necessary expenses of litigation; and no less than P5 million for exemplary damages.

When sought for a comment, Mabatid said she was confident that the case will eventually be dismissed.

“Yes because I am telling the truth from the very start. Ang criminal aspect ani nga case gi-dismiss man gani unsa na kaha ang civil,” she said. (FREEMAN)