Separate judgments under Rule 36

"Xxx.

Thus, the other properties, which were subjects of the Petition for Forfeiture, but were not included in the 2000 Motion, can still be subjects of a subsequent motion for summary judgment. To rule otherwise would run counter to this Court’s long established policy on asset recovery which, in turn, is anchored on considerations of national survival.

E.O. 14, Series of 1986,51 and Section 1(d) of Proclamation No. 352 declared the national policy after the Marcos regime. The government aimed to implement the reforms mandated by the people: protecting their basic rights, adopting a provisional constitution, and providing for an orderly transition to a government under a new constitution. The said Proclamation further states that "The President shall give priority to measures to achieve the mandate of the people to recover ill-gotten properties amassed by the leaders and supporters of the previous regime and protect the interest of the people through orders of sequestration or freezing of assets or accounts." One of the "whereas" clauses of E.O. 14 entrusts the PCGG with the "just and expeditious recovery of such ill-gotten wealth in order that the funds, assets and other properties may be used to hasten national economic recovery." These clauses are anchored on the overriding considerations of national interest and national survival, always with due regard to the requirements of fairness and due process.

With the myriad of properties and interconnected accounts used to hide these assets that are in danger of dissipation, it would be highly unreasonable to require the government to ascertain their exact locations and recover them simultaneously, just so there would be one comprehensive judgment covering the different subject matters.

In any case, the Sandiganbayan rightly characterized their ruling on the 2004 Motion as a separate judgment, which is allowed by the Rules of Court under Section 5 of Rule 36:

Separate judgments.—When more than one claim for relief is presented in an action, the court, at any stage, upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence which is the subject matter of the claim, may render a separate judgment disposing of such claim. The judgment shall terminate the action with respect to the claim so disposed of and the action shall proceed as to the remaining claims. In case a separate judgment is rendered, the court by order may stay its enforcement until the rendition of a subsequent judgment or judgments and may prescribe such conditions as may be necessary to secure the benefit thereof to the party in whose favor the judgment is rendered.53

Rule 35 on summary judgments, admits of a situation in which a case is not fully adjudicated on motion,54 and judgment is not rendered upon all of the reliefs sought. In Philippine Business Bank v. Chua,55 we had occasion to rule that a careful reading of its Section 4 reveals that a partial summary judgment was never intended to be considered a "final judgment," as it does not "[put] an end to an action at law by declaring that the plaintiff either has or has not entitled himself to recover the remedy he sues for." In this case, there was never any final or complete adjudication of Civil Case No. 0141, as the Sandiganbayan’s partial summary judgment in the Swiss Deposits Decision made no mention of the Arelma account.

Section 4 of Rule 35 pertains to a situation in which separate judgments were necessary because some facts existed without controversy, while others were controverted. However, there is nothing in this provision or in the Rules that prohibits a subsequent separate judgment after a partial summary judgment on an entirely different subject matter had earlier been rendered. There is no legal basis for petitioners’ contention that a judgment over the Swiss accounts bars a motion for summary judgment over the Arelma account.

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G.R. No. 189434 April 25, 2012

FERDINAND R. MARCOS, JR. Petitioner,
vs.
REPUBLIC OF THE PHILIPPINES, represented by the Presidential Commission on Good Government, Respondent.

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G.R. No. 189505

IMELDA ROMUALDEZ-MARCOS, Petitioner,
vs.
REPUBLIC OF THE PHILIPPINES, Respondent.

Link:

https://www.lawphil.net/judjuris/juri2012/apr2012/gr_189434_2012.html