CA junks Erlinda Ilusorio lawsuit vs daughter Sylvia

The Court of Appeals (CA) has dismissed a petition filed by Erlinda Kalaw Ilusorio, wife of lawyer and businessman Potenciano Ilusorio, seeking to recover from her daughter the amount of P7 million that was borrowed from her in 1997.

In a six-page decision penned by Associate Justice Portia Alino-Hormachelos, the CA dismissed Ilusorio’s petition against her daughter Sylvia Ilusorio-Yap, citing the elder Ilusorio’s failure to pay the appropriate docket fees.

"While the Supreme Court, in certain instances, has relaxed the stringent application of the rule on the payment of docket fees, plaintiff-appellant has not presented any sufficient or satisfactorily reason to warrant an exception of fees," the CA said.

The CA said the excuse made by Ilusorio’s lawyer that the messenger who filed the notice of appeal forgot to secure a postal money order representing the required appellate docket fees was "flimsy."

In her petition filed before the Makati City Regional Trial Court branch 50, Ilusorio said she extended a loan amounting to P7 million to Sylvia in August 1997.

The elder Ilusorio said despite repeated demands, Sylvia refused to pay her obligations and even denied that she had borrowed money from her.

Sylvia moved for the dismissal of the case before the Makati RTC, saying that she had paid the amount and that her mother failed to exert efforts to effect a compromise considering that they belong to the same family.

The Makati TRC granted on Feb. 12, 2003 Sylvia’s motion to dismiss prompting the elder Ilusorio to elevate the case to the CA.

The Ilusorio family has been fighting over the vast property left behind by the patriarch who served as chairman of the board and president of the Baguio Country Club.