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THIRD DIVISION
[
G.R. No. 110296.
MID-PASIG LAND DEVELOPMENT CORPORATION, represented by the PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, Petitioner, v. SANDIGANBAYAN, and RICARDO C. SILVERIO for and in behalf of ANCHOR ESTATE CORPORATION, Respondents.
R E S O L U T I O N
PANGANIBAN, J.:
This case involves an adverse claim of ownership over 18.2 hectares of land located in Ortigas Center, Pasig City which Jose Y. Campos -- as nominee of former President Ferdinand Marcos -- turned over to the government.
On September 21, 1992, Ricardo C. Silverio filed a complaint docketed as Civil Case SB No. 0147 with the Sandiganbayan against the Presidential Commission on Good Government, Asset Privatization Trust, Mid-Pasig Land Development Corporation and Ortigas and Company Limited.
Said complaint alleged that on or about May 31, 1968, Anchor
Estate Corporation purchased from Ortigas and Company Limited Partnership a
16-hectare parcel of land located in Pasig, Metro Manila for P6,400,000.00. However, on
On
On
"I Petitioner was not duty bound to file answer
to the amended complaint pending resolution of respondent Ricardo C. Silverios
motion to declare defendant Mid-Pasig in default dated
II. Assuming petitioner was duty bound to file answer to the amended complaint its failure to file said answer was due to mistake regarding a difficult question of law or procedure."
On
(1) Whether the Sandiganbayan has jurisdiction over the complaint for reconveyance considering that it (the complaint) does not involve the recovery of supposed ill-gotten wealth as the property (18.2 hectares of land) has already been ceded in favor of the government by Jose Y. Campos; and
(2) Whether Ricardo C. Silverio is the real party in interest in the suit a quo .
Hence, we required the parties to file supplemental memoranda on the above issues.
In compliance, petitioner filed a "Post Hearing Memorandum" dated
"1. After (a) considering the manifestation by counsel for petitioner Mid-Pasig at the hearing last Monday, 26 August 1996, that the answer to the amended complaint that he would file in Civil Case No. 0147 below, would be the same as the answer he had filed for the co-defendant PCGG, and (b) considering that said answer by the PCGG would inure to the benefit of Mid-Pasig even were barred from filing its own answer, since Mid-Pasig and the PCGG appear to represent the same interest, and (c) in order to avoid any further delay in this case and Civil Case No. 0147, private respondent respectfully manifests that he hereby withdraws his objections to the Petition and to his efforts to declare Mid-Pasig in default. The prayer for relief in the Petition may now be granted without further delay."
With the filing of the above "Manifestation and Confession of Judgment" by private respondent, there is no longer any necessity for this Court to pass upon the merits of the case. We simply grant the said motion and thus grant the petition.
WHEREFORE, the petition is hereby GRANTED. The assailed Resolutions of the Sandiganbayan declaring petitioner in default in Civil Case No. 0147 are SET ASIDE. Petitioner PCGG is given fifteen (15) days from receipt hereof within which to file its answer to the Amended Complaint. No costs.
SO ORDERED.
Narvasa, C.J. (Chairman), Davide, Jr., Melo, and Francisco, JJ., concur.
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