Case Title Resident Marine Mammals of the Protected

Seascape Tanon Strait vs. Reyes

G.R. No. and Date G.R. No. 180771, April 21, 2015
Syllabus Topic Unwilling Plaintiffs (R3, S10)

Issue: Whether or not former President Gloria Macapagal-Arroyo may be impleaded as an

unwilling co-petitioner.
Held: Under Section 10, Rule 3 of the Rules of Court, when the consent of a party who should
be joined as a plaintiff cannot be obtained, he or she may be made a party defendant to the
case. This will put the unwilling party under the jurisdiction of the Court, which can properly
implead him or her through its processes. The unwilling party's name cannot be simply included
in a petition, without his or her knowledge and consent, as such would be a denial of due
process.
Moreover, the reason cited by the petitioners Stewards for including former President
Macapagal-Arroyo in their petition, is not sufficient to implead her as an unwilling co-petitioner.
Impleading the former President as an unwilling co-petitioner, for an act she made in the
performance of the functions of her office, is contrary to the public policy against embroiling the
President in suits, "to assure the exercise of Presidential duties and functions free from any
hindrance or distraction, considering that being the Chief Executive of the Government is a job
that, aside from requiring all of the office holder's time, also demands undivided attention."
Therefore, former President Macapagal-Arroyo cannot be impleaded as one of the petitioners in
this suit. Thus, her name is stricken off the title of this case.
Dispositive Portion: WHEREFORE, the Petitions in G.R. Nos. 180771 and 181527 are
GRANTED, Service Contract No. 46 is hereby declared NULL AND VOID for violating the 1987
Constitution, Republic Act No. 7586, and Presidential Decree No. 1586.