CIVIL CASE NO.

MC14-9177
BRANCH 212, RTC-MANDALUYONG CITY

SMC GLOBAL POWER HOLDINGS CORP. (FORMERLY GLOBAL 5000

INVESTMENT, INC.) vs. LANDBANK OF THE PHILIPPINES, GILDA E.
PICO, CESAR V. PURISIMA, PROCESO J. ALCALA, ROSALINDA D.
BALDOZ, CRISPINO T. AGUELO, DOMINGO I. DIAZ, TOMAS T. DE
LEON, JR. AND VICTOR GERARDO J. BULATAO

FOLDER 5
Date of Title/Description Date Filed/
Document Receipt

03 Jun 2019 ORDER Rcd:

17 Jun 2019
- WHEREFORE, defendant Gilda E. Pico’s Motion to Cancel
Hearing dated May 31, 2019, is hereby NOTED and let the
same be set for hearing on 07 June 2019, at 2:00 PM.

04 Jun 2019 MANIFESTATION Rcd:

17 Jun 2019
- defendant Pico respectfully manifested that she is serving, by
personal delivery, copies of her Motion to Cancel Hearing,
which is attached as Annex “1”, to the OGCC, the LBP Legal
Services Group, and Santos Paruñgao Aquino & Sants Law
Offices.

07 Jun 2019 ORDER Rcd:

28 Jun 2019
- When this case was called for hearing on defendant Pico’s
Motion to Cancel Hearing/Initial presentation of defendants
Virgilio R. Delos Reyes and Gilda Pico’s evidence:

- the Court admitted that the Order on April 26, 2019 should be
corrected because defendant Delos Reyes already adopted
LBP’s Formal Offer of Evidence that’s why the setting for today
was only for additional evidence for defendant Pico. Defendant
LBP and defendant Delos Reyes had already terminated the
presentation of their evidences when Delos Reyes had also
adopted the said Land Bank’s Formal Offer of Evidence.

- The court is now correcting the dispositive portion of the Order

dated April 26, 2019 which states: “WHEREFORE, let the initial
presentation of defendants’ evidence Virgilio R. Delos Reyes
and Gilda E. Pico be tentatively reset to June 7, 2019 and
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August 9, 2019, both at 2:00 in the afternoon”, should be

corrected and read as “WHEREFORE, let the presentation of
additional evidences for defendant Gilda E. Pico be tentatively
reset to June 7, 2019 and August 9, 2019, both at 2:00 in the
afternoon.”

- Thereafter, Atty. Arcillana added that although they manifested

to adopt LBP’s Formal Offer of Evidence, they likewise
manifested that their evidence will be subject to additional
evidence that defendant Pico would be presenting. All
manifestations and motions are noted by the court. Atty.
Mendoza did not interpose any objection.

WHEREFORE, as prayed for, let the presentation of additional

evidences for defendant Gilda Pico be reset to August 9, 2019
at 2:00 in the afternoon.

17 Jun 2019 ORDER Rcd:

11 July 2019
- Filed in court on June 11, 2019 through registered mail and
received in court on June 13, 2019 is defendant Gilda Pico’s
Manifestation by counsel, stating that on May 31, 2019,
defendant Pico served copies of her Motion to Cancel Hearing
scheduled on June 7, 2019, thru registered mail to the other
defendants through counsels and to plaintiff’s counsel, Atty.
Estelito P. Mendoza, by personal service. Likewise, said
defendant filed in court on the same day the aforesaid Motion.

Further, defendant Pico served copies of the aforesaid Motion

to OCC, LBP Legal Services Group and Santos Parungao
Aquino & Santos Law Offices by PERSONAL delivery to ensure
receipt of the said Motion at least three (3) days prior to the
date of hearing thereof.

WHEREFORE, the same is NOTED.

06 Aug 2019 MOTION TO DEFER HEARING Rcd:

06 Aug 2019
- the counsel of defendant Pico manifested that he has
encountered difficulty in the taking of the judicial affidavit of
their potential witness brought about by conflict in schedule and
prayed to CANCEL the presentation of her evidence scheduled
on 9 August 2019 and DEFER the same to a date most
convenient to the court.

08 Aug 2019 OPPOSITION Filed:

To: Defendant Gilda E. Pico’s “Motion to Defer Hearing” of 08 Aug 2019
August 6, 2019
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- plaintiff SMC Global prayed for this Honorable Court to:

1. Deny due defendant Gilda E. Pico’s Motion to Defer Hearing

for non-compliance with the rules and for lack of merit;

2. Deem defendant Pico as having waived her opportunity to

present additional evidence; and

3. Deem the case submitted for decision.

09 Aug 2019 ORDER Rcd:

03 Sep 2019
- the Court resolved to DENY the Motion to Defer Hearing as
well as the presentation of additional evidences for defendant
Pico, and that the plaintiff’s motion for the waiver of further
presentation of evidence of defendant Pico is in order so that
there would not be anymore right to exercise the presentation of
further evidence insofar as she is concerned and that the case
will be reset for the purposes of presentation of additional
evidences for defendant Delos Reyes.

Plaintiff clarifies the presentation of additional evidence for

defendant Delos Reyes in the light of the waiver of further
evidence for defendant Pico considering the earlier
manifestation that defendant Delos Reyes’ additional
presentation would be dependent on the presentation of
Defendant Pico. The court resolved to give defendant Delos
Reyes to defend his case.

WHWEREFORE, let the presentation of additional evidences

for defendant Virgilio delos Reyes be reset to September 27,
2019 at 2:00 in the afternoon.

27 Aug 2019 MOTION FOR PARTIAL RECONSIDERATION Rcd:

27 Aug 2019
- defendant Gilda Pico prayed that the Honorable Court:

(a) REVERSE and SET ASIDE its order denying defendant

Pico’s Motion to Defer Hearing dated 6 August 2019 and
declaring the presentation of her additional evidence waived;
and

(b) ISSUE an Order allowing and setting the case for the
presentation of defendant Pico’s additional evidence.

29 Aug 2019 OPPOSITION Filed:

To: Defendant Gilda E. Pico’s “Motion for Partial 29 Aug 2019
Reconsideration” of August 27, 2019
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- plaintiff SMC Global prayed for the denial of defendant Pico’s

“Motion for Partial Reconsideration” for lack of merit.

30 Aug 2019 ORDER Rcd:

20 Sep 2019
- WHEREFORE, counsel for defendant Pico is given five (5)
days from today within which to file their Reply on the plaintiff’s
Opposition. Upon the other hand, plaintiff is likewise given the
same period of five (5) days upon receipt thereof within which to
file their rejoinder, if necessary. Thereafter, all pending incidents
shall be considered submitted for resolution.

- Atty. Tuddao, counsel for defendant LBP and Atty. Arcillana,

counsel for defendant Delos Reyes, both manifested that they
will no longer file any reply to the plaintiff’s Opposition, which
the court NOTED.

04 Sep 2019 REPLY Rcd:

[Re: Opposition To Defendant Gilda E. Pico’s “Motion for Partial 10 Sep 2019
Reconsideration” of August 27, 2019 dated 29 August 2019]

- defendant Pico prayed that the Honorable Court:

(a) REVERSE and SET ASIDE its order denying defendant

Pico’s Motion to Defer Hearing dated 6 August 2019 and
declaring the presentation of her additional evidence waived;
and

(b) ISSUE an Order allowing and setting the case for the
presentation of defendant Pico’s additional evidence.

12 Sep 2019 REJOINDER Filed:

Re: Defendant Gilda E. Pico’s “Motion for Partial 12 Sep 2019
Reconsideration” of August 27, 2019 of the Denial of the
Deferment of Hearing

- plaintiff SMC Global prayed for the denial of defendant Pico’s

“Motion for Partial Reconsideration” for lack of merit.

13 Sep 2019 ORDER Rcd:

30 Sep 2019
- The Court NOTED both defendant Gilda E. Pico’s “Reply (Re:
Opposition to her Motion for Partial Reconsideration” dated 04
September 2019 and plaintiff’s Rejoinder thereto dated 12
September 2019. Defendant Pico’s “Motion for Partial
Reconsideration” is now considered submitted for
RESOLUTION.
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20 Sep 2019 MANIFESTATION Rcd:

25 Sep 2019
- Atty. Arcellana, defendant De Los Reyes, manifested that as
to date, defendant De Los Reyes has yet to receive any Order
resolving defendant Pico’s Motion for Partial Reconsideration
dated 27 August 2019.

- Considering that there is a possibility that defendant Pico will

be given an opportunity by the Honorable Court to present
further evidence, defendant De Los Reyes manifested that he
shall await the resolution of defendant Pico’s Motion for Partial
Reconsideration.

30 Sep 2019 ORDER No date of

receipt
- WHEREFORE, premises considered, the Motion for Partial (File: 10/24 by
Reconsideration filed by Defendant Gilda Pico is DENIED for EPM)
lack of merit.

In view of that denial, defendant Pico is given fifteen (15) days

from notice within which to file her formal offer of evidence.

MEANTIME, let the presentation of additional evidence for

defendant Virgilio Delos Reyes previously scheduled on 27
September 2019 at 2PM and was ordered cancelled in the
Order dated 24 September 2019 be set anew on October 18,
2019 at 2:00 in the afternoon.

18 Oct 2019 ORDER Rcd:

14 Nov 2019
- When this case was called for the presentation of additional
evidence for defendant Virgilio Delos Reyes, Atty. Eloriaga
manifested that they are yet to file in court the Judicial Affidavit
of their supposed witness considering that they belatedly
received the Order of the court setting this case for hearing
today and moved for a resetting to November 15, 2019 at 2:00 in
the afternoon.

24 Oct 2019 MANIFESTATION with PROFER OF EVIDENCE Rcd:

05 Nov 2019
- defendant Pico proffers the testimony of Mr. Halog as
contained in his Judicial Affidavit (marked as Annex 1) dated 16
August 2019, and for the purposes as indicated therein, to be
made part of the records of the instant case.

28 Oct 2019 ORDER Rcd:

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20 Nov 2019
- The Court NOTED defendant Gilda E. Pico’s
“MANIFESTATION WITH PROFER OF EVIDENCE”.

- MEANTIME, the presentation of additional evidence for

defendant Virgilio De Los Reyes shall proceed as previously
scheduled on November 15, 2019 at 2:00 in the afternoon.

15 Nov 2019 FORMAL OFFER OF EVIDENCE Rcd:

15 Nov 2019
- defendant Virgilio De Los Reyes that his documentary exhibits
(Exhs. 1 to 46-Delos Reyes) BE ADMITTED as his defense for
the purposes mentioned.

15 Nov 2019 ORDER Rcd:

02 Dec 2019
- WHEREFORE, the plaintiff, defendant Land Bank of the
Philippines and defendant PICO are given a period of fifteen
(15) days to submit their respective comments on the Formal
Offer. Atty. Eloriaga is given ten (10) days upon receipt of the
comments within which to submit their Rejoinder. Thereafter,
the defendant Virgilio De Los Reyes’ Formal Offer of Evidence
and the Comments and/or Objections thereto shall be
considered submitted for resolution.

19 Nov 2019 ORDER Rcd:

02 Dec 2019
- WHEREFORE, the instant letter dated 30 May 2019 of Dennis
P. Manalo Law Office with attached photocopy of the Resolution
of the Third Division of Sandiganbayan and addressed to this
court is NOTED.

- HOWEVER, as to the request of Dennis P. Manalo Law Office

to allow it copy of the entire case record of the instant above-
captioned case, the same is DENIED for the following reasons:

First, accused Pico, et al. (defendants herein) is presumed to

have in her possession records of this case or her counsel of
record from which said Law Office could coordinate in order to
secure copy of the case records;

Second, records show that Dennis P. Manalo Law Office is not

counsel of record of Pico, et al. in the instant case as she is
represented by a different counsel so that this court has no
authority to furnish said Law Office with the entire record of this
case.

25 Nov 2019 COMMENT Filed:

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(Re: Defendant Virgilio R. De Los Reyes’ “FORMAL OFFER OF 25 Nov 2019

EVIDENCE” of November 15, 2019

- plaintiff SMC Global Power Holdings Corp. prayed that the

Honorable Court deny the admission into evidence for its stated
purposes Exhibits “Delos Reyes-1” to “Delos Reyes-46” of
defendant Virgilio De Los Reyes.

28 Nov 2019 ORDER Rcd:

16 Dec 2019
- WHEREFORE, plaintiff SMC Global’s “Comment” dated 25
November 2019 is NOTED and shall be considered in the
resolution of defendant Virgilio De Los Reyes’ Formal Offer of
Evidence dated 15 November 2019 which is now considered
submitted for RESOLUTION.

29 Nov 2019 MANIFESTATION Rcd:

[IN LIEU OF COMMENT] 09 Dec 2019

- defendants Land Bank of the Philippines, etc. offer no

comment or objection to the Formal Offer of Evidence filed by
their co-defendant Virgilio R. De Los Reyes.

02 Dec 2019 MANIFESTATION IN LIEU OF COMMENT Rcd:

[Re: formal Offer of Evidence dated 15 November 2019] 09 Dec 2019

- defendant Gilda E. Pico manifested that the Court gave her 15

days, or until 30 November 2019, to file her comment on
defendant Virgilio De Los Reyes’ Formal Offer of Evidence
dated 15 November 2019;

- in compliance with the said directive, defendant Pico

manifested that she submitted the resolution of the Formal Offer
of Evidence filed by defendant De Los Reyes to the discretion of
the Honorable Court.

05 Dec 2019 REPLY Rcd:

(to the Comments/Objections to Defendant De Los Reyes’ 16 Dec 2019
Formal Offer of Evidence)

- defendant De Los Reyes prayed that the exhibits in his Formal

Offer of Evidence dated 15 November 2019 be ADMITTED in
support of his defense for the purposes therein mentioned.

10 Dec 2019 ORDER Rcd:

19 Dec 2019
- WHEREFORE, defendant De Los Reyes” Reply (to the
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Comments/Objections to defendant De Los Reyes’ “Formal

Offer of Evidence)” dated 05 December 2019 is NOTED and the
same shall be considered in the resolution of defendant De Los
Reyes’ Formal Offer of Evidence dated 15 November 2019
which is now FINALLY SUBMITTED FOR RESOLUTION.

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[as of January 2, 2020]