Galedo, Abegail P.

101. REPUBLIC VS. CAMPOS

PETITIONER : Republic of the Philippines

RESPONDENT : Spouses Adlawan
DATE : May 4, 1989
PONENTE : Gutierrez, J.
TOPIC : Parties to a Civil Action

FACTS:

 Petitioner filed a complaint for reconveyance, reversion, accounting, restitution and damages
against Alfredo Romualdez, etc. seeking to recover from them ill-gotten wealth consisting of funds
and other property which they acquired and accumulated.
 Summons were served to Jose Campos and he filed a motion to dismiss complaint with respect
to Jose campos praying that he be removed as party defendant on the ground that he had
voluntarily surrendered and turned over any share in h is name on any corporation.
 Private respondent opposed the motion.

ISSUE:

WON petitioner can validly drop Jose Campos as party defendant in civil case No. 0010 by virtue
of PCGG’s grant of immunity

HELD:

 It is immaterial whether or not Campos was given specific/individual immunity from his
liabilities as regards the marcos/Romualdez corp.
 The grant of full immunity to Campos covers all campos liabilities, civil/criminal arising
from association with Marcoses.
 PCGG was right when it filed a motion to drop Jose Campos as defendant in civil case.
Sec. 11, Rule 3 of the Rules of Court.
 PCGG’s motion to drop Campos has a legal basis under Executive Order No. 14.
Solidarity does not make solidary obligation an indispensable party in a suit filed by
creditor. Article 1216 of the Civil Code says that creditor may proceed against anyone of
the solidary debtors/some/or all of them.
 There is no showing that dropping of Jose Campos as defendant would unjust other
defendants in civil case because the other defendants can still pursue the case and put up
defendants.