MANILA — The Sandiganbayan 4th Division has denied the motion filed by the Republic of the Philippines to declare 7 remaining defendants in default in a still pending civil suit on the unexplained wealth of the late dictator Ferdinand Marcos Sr.
In its resolution dated Nov. 25, the anti-graft court said it cannot declare defendants Anthony Lee, Severino Dela Cruz, Jose Fernandez, Jose Marcelo, Jr., Gabriel Llamas, Mariano Balgua and Jose Campos, Jr. in Civil Case No. 0010 in default because the prosecution failed to comply with the second requirement of the Supreme Court - notice to the defendants.
When a default is entered, a defendant is no longer able to participate in the case.
“In this case, the court finds that the affidavit of service dated 10 October 2022 does not show that the subject seven defendants have been served with the motion declaring them in default,” the court said in the resolution
penned by Division Chairperson Michael Frederick Musngi, with the concurrence of Associate Justices Lorifel Lacap Pahimna and Maria Theresa Mendoza Arcega.
Civil Case No. 0010, filed on July 22, 1987 against Alfredo (Bejo) Romualdez and former President Ferdinand Marcos, Sr. and his wife Imelda and others, involves personal and real properties totaling P2.465 billion, according to the estimated valuation of the Presidential Commission on Good Government.
The court noted in its resolution that Marcos Sr., his wife, and Romualdez, as well as Hilario Ruiz, Arturo Pacificador, Joselito Manat, Ceres Manat and Antonio Expeleta have already been declared in default at various stages during the trial.
The court also noted that Campos, Jr. was already dropped as defendant pursuant to the grant of full immunity to Jose Campos, Sr. and his family in 1989, while the case against defendant Lee has already been dismissed in 1992.
FROM THE ARCHIVES: