The Sandiganbayan has denied the motion filed by the government to declare in default seven other defendants in Civil Case No. 0010, an ill-gotten wealth case against the Marcos family.

By declaring a defendant in default, the defendant will no longer be able to participate in any stage of the proceedings. However, the defendant will still be allowed to receive copies of pleadings and court issuances.

Civil Case No. 0010 was filed on Jan. 22, 1987. The government challenged the more than P2.33 billion assets of the Marcoses and their co-defendants. The assets reportedly included P1.701 billion in real properties and P626.64 million in shares of stocks of various corporations.

Sought to be declared in default in the civil case were Anthony P. Lee, Severino Dela Cruz, Jose P. Fernandez, Jose Marcelo Jr., Gabriel Llamas, Mariano Balgua, and Jose D. Campos Jr.

The motion to declare in default was filed last Oct. 13.

In its motion, the government told the Sandiganbayan that 34 out of 49 defendants have already filed Answers to the Amended/Expanded Complaint dated Jan. 27, 1987.

The late former President Ferdinand E. Marcos and his wife, Imelda, have already been declared in default on June 26, 1989. Defendants Hilario Ruiz, Arturo Pacificador, Joselito Manat, Ceres Manat, and Antonio Espeleta were declared in default on Sept. 27, 1994, while former Tacloban City Mayor Alfredo T. Romualdez was declared in default on Sept. 27, 2018.

The Sandiganbayan said that "after circumspect review of the records of the case, the Court denies the motion of the plaintiff” (government).

The court said that the government failed to notify the defendants about its motion to declare them in default, therefore violating Section 3, Rule 9 of the Revised Rules of Civil Procedure.

Associate Justice Michael Frederick L. Musngi wrote the four-page resolution with the concurrence of Associate Justices Lorifel L. Pahimna and Maria Theresa V. Mendoza-Arcega.

TAGS: #Sandiganbayan #Marcos #Civil Case