The Sandiganbayan has rejected the national government's move to declare in default defendants in an ill-gotten wealth case against the Marcos family and their alleged cronies.

In a 4-page resolution, the anti-graft court's fourth division ruled that the plaintiff Republic of the Philippines' request must be denied, citing its failure to notify all seven defendants and provide copies of its motion for declaration of default involving Civil Case 0010.

Civil Case 0010 was filed on 22 January 1987. The Philippine government contested the Marcoses' and their co-defendants' P2.33 billion in assets, which included P1.701 billion in real estate and P626.64 million in stock shares of various corporations.

The defendants Anthony Lee, Severino de la Cruz, Jose Fernandez, Jose Marcelo Jr., Gabriel Llamas, Mariano Balgua and Jose Campos Jr. were sought to be declared in default for failing to respond to the lawsuit brought against them.

They were among the 49 named in Civil Case 0010.

The late former President Ferdinand Marcos, his wife, former first lady Imelda Marcos, and her brother, former Tacloban City mayor Alfredo Romualdez, were also among the defendants.

When a defendant is declared in default, he or she forfeits the right to answer or participate in the next stage of the proceedings.

"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 court's resolution dated 25 November read.

The Marcoses were declared in default on 26 June 1989. Defendants Hilario Ruiz, Arturo Pacificador, Joselito Manat, Ceres Manat and Antonio Espeleta were declared in default on 27 September 1994, and Romualdez on 27 September 2018.

The government, in its motion, requested that the seven defendants be declared in default under Section 3, Rule 9 of the Revised Rules of Civil Procedure.

The anti-graft court said Campos had already been dropped as a defendant by Supreme Court order as early as 4 May 1989 since he is covered by the grant of full immunity to his father, Jose Campos Sr., and his family.

Likewise, the case against the defendant Lee had already been dismissed on 16 June 1992.

The court said the other five names listed in the Republic's motion could not be held in default due to the petitioner's failure to comply with the mandatory provisions of the Rules of Civil Procedure requiring notice to a defending party.

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