Republic of Philippines v. Pimentel

553 U.S. 851, 128 S. Ct. 2180, 171 L. Ed. 2d 131, 2008 U.S. LEXIS 4889
CourtSupreme Court of the United States
DecidedJune 12, 2008
Docket06-1204
StatusPublished
Cited by243 cases

This text of 553 U.S. 851 (Republic of Philippines v. Pimentel) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Republic of Philippines v. Pimentel, 553 U.S. 851, 128 S. Ct. 2180, 171 L. Ed. 2d 131, 2008 U.S. LEXIS 4889 (2008).

Opinions

Justice Kennedy

delivered the opinion of the Court.

This case turns on the interpretation and proper application of Rule 19 of the Federal Rules of Civil Procedure and requires us to address the Rule’s operation in the context of foreign sovereign immunity.

This interpleader action was commenced to determine the ownership of property allegedly stolen by Ferdinand Marcos [855]*855when he was the President of the Republic of the Philippines. Two entities named in the suit invoked sovereign immunity. They are the Republic of the Philippines and the Philippine Presidential Commission on Good Governance, referred to in turn as the Republic and the Commission. They were dismissed, but the interpleader action proceeded to judgment over their objection. Together with two parties who remained in the suit, the Republic and the Commission now insist it was error to allow the litigation to proceed. Under Rule 19, they contend, the action should have been dismissed once it became clear they could not be joined as parties without their consent.

The United States Court of Appeals for the Ninth Circuit, agreeing with the District Court, held the action could proceed without the Republic and the Commission as parties. Among the reasons the Court of Appeals gave was that the absent, sovereign entities would not prevail on their claims. We conclude the Court of Appeals gave insufficient weight to the foreign sovereign status of the Republic and the Commission, and that the court further erred in reaching and discounting the merits of their claims.

I

A

When the opinion of the Court of Appeals is consulted, the reader will find its quotations from Rule 19 do not accord with its text as set out here; for after the case was in the Court of Appeals and before it came here, the text of the Rule changed. The Rules Committee advised the changes were stylistic only, see Advisory Committee’s Notes on 2007 Amendment to Fed. Rule Civ. Proc. 19, 28 U. S. C., p. 826 (2006 ed., Supp. I); and we agree. These are the three relevant stylistic changes. First, the word “required” replaced the word “necessary” in subparagraph (a). Second, the 1966 Rule set out factors in longer clauses and the 2007 Rule sets out the factors affecting joinder in separate lettered head[856]*856ings. Third, the word “indispensable,” which had remained as a remnant of the pre-1966 Rule, is altogether deleted from the current text. Though the word “indispensable” had a lesser place in the 1966 Rule, it still had the latent potential to mislead.

As the substance and operation of the Rule both pre- and post-2007 are unchanged, we will refer to the present, revised version. The pre-2007 version is printed in the appendix to this opinion, infra, at 873-875. The current Rule states, in relevant part, as follows:

“Rule 19. Required Joinder of Parties
“(a) Persons Required to Be Joined if Feasible.
“(1) Required Party. A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party if:
“(A) in that person’s absence, the court cannot accord complete relief among existing parties; or
“(B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person’s absence may:
“(i) as a practical matter impair or impede the person’s ability to protect the interest; or
“(ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.
“(2) Joinder by Court Order. If a person has not been joined as required, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff.
“(3) Venue. If a joined party objects to venue and the joinder would make venue improper, the court must dismiss that party.
[857]*857“(b) When Joinder Is Not Feasible. If a person who is required to be joined if feasible cannot be joined, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. The factors for the court to consider include:
“(1) the extent to which a judgment rendered in the person’s absence might prejudice that person or the existing parties;
“(2) the extent to which any prejudice could be lessened or avoided by:
“(A) protective provisions in the judgment;
“(B) shaping the relief; or “(C) other measures;
“(3) whether a judgment rendered in the person’s absence would be adequate; and
“(4) whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder.” Fed. Rules Civ. Proc. 19(a)-(b), 28 U. S. C.

See also Rule 19(c) (imposing pleading requirements); Rule 19(d) (creating exception for class actions).

B

In 1972, Ferdinand Marcos, then President of the Republic, incorporated Arelma, S. A. (Arelma), under Panamanian law. Around the same time, Arelma opened a brokerage account with Merrill Lynch, Pierce, Fenner & Smith Inc. (Merrill Lynch) in New York, in which it deposited $2 million. As of the year 2000, the account had grown to approximately $35 million.

Alleged crimes and misfeasance by Marcos during his presidency became the subject of worldwide attention and protest. A class action by and on behalf of some 9,539 of his human rights victims was filed against Marcos and his estate, among others. The class action was tried in the United [858]*858States District Court for the District of Hawaii and resulted in a nearly $2 billion judgment for the class. See Hilao v. Estate of Marcos, 103 F. 3d 767 (CA9 1996). We refer to that litigation as the Pimentel case and to its class members as the Pimentel class. In a related action, the Estate of Roger Roxas and Golden Budha [sic] Corporation (the Roxas claimants) claim a right to execute against the assets to satisfy their own judgment against Marcos’ widow, Imelda Marcos. See Roxas v. Marcos, 89 Haw. 91, 113-115, 969 P. 2d 1209, 1231-1233 (1998).

The Pimentel class claims a right to enforce its judgment by attaching the Arelma assets held by Merrill Lynch. The Republic and the Commission claim a right to the assets under a 1955 Philippine law providing that property derived from the misuse of public office is forfeited to the Republic from the moment of misappropriation. See An Act Declaring Forfeiture in Favor of the State Any Property Found To Have Been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefor, Rep. Act No. 1379, 51:9 O. G. 4457 (June 18, 1955).

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Bluebook (online)
553 U.S. 851, 128 S. Ct. 2180, 171 L. Ed. 2d 131, 2008 U.S. LEXIS 4889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/republic-of-philippines-v-pimentel-scotus-2008.