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Republic v.

Sandiganbayan (Short title) added by order of the court on motion of any party or on its own initiative at any stage
GR # 84895 | May 4, 1989 the action and on such terms as are just. Any claim against a misjoined party may be
Petition: Petition for certiorari against SB severed and proceeded with separately. (11a)
Petitioner: Republic of the Philippines
Petitioner-Intervenor: Jose D. Campos, Jr. RULING & RATIO
Respondent: The Honorable Sandiganbayan, First Division, Teodoro Q. Pea, 1. YES
Gorgonio Macariola, Orlando Paciencia, Jesus Tupalar Severino Dela Cruz, and Fe - The Solicitor General asserts that the name of Jose D. Campos, Jr. was
Cortezo included as defendant in the complaint through mistake or oversight and that
(Rule 3, Rules on Civil Procedure) pursuant to Section 11, Rule 3 of the Revised Rules of Court it has a right to
drop him as defendant without prior consent of any party.
DOCTRINE - The Solicitor General also maintains that Campos, Jr. was not an
Parties may be dropped or added by order of the court on motion of any party or on indispensable party since Article 1216 of the Civil Code allows the petitioner
its own initiative at any stage the action and on such terms as are just. as solidary creditor to choose among the solidary debtors against whom it
win enforce collection.
FACTS - SC held that the Sandiganbayan's objections will hamper PCGG efforts in
- Republic filed with SB a complaint for reconveyance, reversion, accounting, similar cases.
restitution and damages against Alfredo Romualdez, Ferdinand Marcos, - By virtue of the PCGG's resolution, Jose Campos, Jr. was given full
Imelda Marcos, Jose Campos, Jr. and forty five (45) other defendants immunity from both civil and criminal prosecutions in exchange for the "full
including the above-named private respondents, seeking to recover from cooperation from Jose Y Campos to this Commission, his voluntary
them ill-gotten wealth resulting in their unjust enrichment during Marcos' rule. surrender of the properties and assets disclosed and declared by him to
- Campos Jr., having been served with summons, filed with SB a belong to deposed President Ferdinand E. Marcos to the Government of the
'Manifestation and Motion to Dismiss Complaint praying that he be removed Republic of the Philippines, his full, complete and truthful disclosures, and
as party from the complaint for he had voluntarily surrendered or turned over his commitment to pay a sum of money as determined by the Philippine
any share in his name on any of the corporations referred to the government Government."
and that he was entitled to the immunity granted by the PCGG. - Campos, Jr. had already waived and surrendered to the Republic his
- Republic then filed with SB a 'Motion' seeking to drop Campos from the registered equity interest in the Marcos/Romualdez corporations involved in
Complaint on the ground that PCGG granted immunity to Mr. Jose Y. the civil case. Thus, as far as the petitioner is concerned, it had already
Campos and his family, which immunity necessarily extends to defendant released Campos. Jr. from an criminal and civil liabilities in connection with
Jose D. Campos, Jr. who is the son of said Mr. Jose Y. Campos. his association with the said corporations. Under the law, civil liabilities
o The private respondents opposed petitioner's motion. would include restitution and damages in favor of the government.
- SB: Denied the motions to drop and the subsequent MRs. - It is immaterial whether or not Campos, Jr. was given specific or individual
o The PCGG did not then and does not now have the power to grant immunity from his liabilities as regards the Marcos/Romualdez corporations.
civil immunity The grant of full immunity to Campos and his family covers all of Campos,
o Even if it did, the grant of immunity itself has not been shown to Jr.'s liabilities, criminal or civil, arising from association with the Marcoses
cover the transactions involving the corporations and or properties including transactions with the corporations involved in the said civil case.
for which Jose D. Campos, Jr., is now sought to be held - Even from the viewpoint of procedure, the PCGG was right when it filed a
accountable motion to drop Jose Campos, Jr. as defendant in the civil case
o Nowhere, either in the original motions or in the MR before this
Court has it been shown that there no longer exists any DISPOSITION
demandable claim against Jose D. Campos, Jr. WHEREFORE, the instant petition is hereby GRANTED. The questioned resolutions
- Hence, this petition. of the Sandiganbayan are REVERSED and SET ASIDE. The Sandiganbayan is
ordered to drop Jose Campos, Jr. as defendant in Civil Case No. 0010. The
ISSUE/S temporary restraining order issued on November 29, 1988 is made permanent insofar
1. W/N petitioner can validly drop Jose D. Campos, Jr. as party defendant in Civil as Jose D. Campos, Jr. is concerned. No costs.
Case by virtue of the PCGG's grant of immunity in favor of his father Jose Y.
Campos and the latter's family. SO ORDERED.

PROVISIONS

Rule 3 Section 11. Misjoinder and non-joinder of parties. Neither misjoinder nor
non-joinder of parties is ground for dismissal of an action. Parties may be dropped or
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