Sandiganbayan denies gov't bid to default 7 defendants in ill-gotten wealth raps

The Sandiganbayan has denied the government’s move to declare seven defendants in default or having waived their right to participate in the trial involving the ill-gotten wealth case against the late President Ferdinand Marcos, his family members and their associates.

In a decision dated November 25, the Sandiganbayan Fourth Division noted that the government failed to notify all seven defendants  and furnish them copies of its motion for declaration of default involving Civil Case 0010.

These seven defendants are Anthony Lee, Severino dela Cruz, Jose Fernandez, Jose Marcelo Jr., Gabriel Llamas, Mariano Balgua and Jose Campos Jr.

“In this case, the Court finds that the Affidavit of Service …does not show that the subject seven defendants have been served with the motion declaring them in default. Moreover, the plaintiff’s motion itself shows that these defendants were not furnished with copies of the same,” the anti-graft court said.

“Hence, absent such notice to the defendants, the plaintiff failed to satisfy the abovementioned requirements to declare the defendants by default,” it added.

The Sandiganbayan also cited that Campos had already been dropped as a defendant in a May 4, 1989 Supreme Court decision since he is covered by the grant of full immunity to his father, Jose Campos Sr. and his family.

Likewise, the Civil Case 0010 against defendant Lee was also dismissed in June 16, 1992.

“Whereby, in light of the foregoing, the court resolves to deny the plaintiff Republic of the Philippines’ Motion to Declare Seven Remaining Defendants in Default,” the anti-graft court said.

Based on government records, only 34 out of the 49 defendants in Civil Case 0010 have submitted their answers.

Of those who did not file an answer, Marcos and his wife Imelda were declared in default on January 26, 1989; Hilario Ruiz, Arturo Pacificador, Joselito Manat, Ceres Manat, and Antonio Ezpeleta on September 27, 1994; and Alfredo Romualdez on September 27, 2018.—LDF, GMA Integrated News