Prescriptive period to demand damages from Sanchez already expired —law expert

The bereaved families of Eileen Sarmenta and Allan Gomez will have to file appropriate complaints anew should they wish to demand the civil indemnity owed to them by the suspects in the 1993 Laguna rape-slay case, according to former University of the Philippines Law dean Atty. Pacifico Agabin.

In a report by Maki Pulido on GMA's 24 Oras on Thursday, Agabin explained that the 10-year prescriptive period has already expired in 2011.

"'Yung motion for execution dapat mai-file within five years from the date of finality of the judgment pero after five years pwede pang mag-file ng action based on the judgment within 10 years from finality of the judgment," Agabin said.

In 1999, the Supreme Court upheld the 1995 decision of the Pasig Regional Trial Court to sentence former Calauan, Laguna Mayor Antonio Sanchez and six other suspects to seven terms of reclusion perpetua.

They were also ordered to pay the families of the victims of up to P12 million worth of damages.

The case received a final conviction in 2001.

Had the kin of Sarmenta and Gomez given a demand letter or filed a writ of execution with the court within the 10-year prescriptive period, Agabin said the court sheriff would have been the one who scouted for the properties of the convicts and sold these to a public auction as part of the compensation.

Sanchez's family recently said that they have no intention of paying for the damages.

"Bakit kami magbabayad e walang kasalanan ang asawa ko," said Elvira, wife of Sanchez, during a Senate hearing earlier this week.

Agabin said there is still a legal remedy to demand the court-mandated damages but the process could be quite rigorous.

"Pwede silang mag-file ng panibagong action kaya lang they have to start from scratch—mag-presinta ng evidence uli tungkol sa guilt ni Sanchez and so on to claim the damages. Hindi kagaya 'yung pagpa-file ng action based on the judgement na hindi na sila kailangan mag-presinta ng evidence against the guilt of Sanchez," he said.

The mother of Sarmenta previously said that their family does not need Sanchez's "dirty money." —Dona Magsino/LDF, GMA News