Death by digests

Death by digests
Saturday, June 23, 2012
Republic vs. Sandoval (Consti1)
(Two petitions consolidated.)
En Banc
Campos, Jr., March 19, 1993
Topic: Sovereignty - Suit not against the State - Beyond the Scope of Authority
Facts:
The heirs of the deceased of the January 22, 1987 Mendiola massacre
(background: Wiki), together with those injured (Caylao group), instituted the
petition, seeking the reversal and setting aside of the orders of respondent
Judge Sandoval (May 31 and Aug 8, 1988) in "Erlinda Caylao, et al. vs. Republic
of the Philippines, et al." which dismissed the case against the Republic of the
Philippines
May 31 order: Because the impleaded military officers are being
charged in their personal and official capacity, holding them liable,
if at all, would not result in financial responsibility of the
government
Aug 8 order: denied the motions filed by both parties for
reconsideration
In January 1987, farmers and their sympathizers presented their demands for
what they called "genuine agrarian reform"
The Kilusang Magbubukid ng Pilipinas (KMP), led by Jaime Tadeo, presented
their problems and demands such as:
giving lands for free to farmers
zero retention of lands by landlords
stop amortizations of land payments
Dialogue between the farmers and then Ministry of Agrarian Reform (MAR)
began on January 15, 1987
On January 20, 1987, Tadeo met with MAR Minister Heherson Alvarez
Alvarez was only able to promise to do his best to bring the matter to the
attention of then President Cory Aquino during the January 21 Cabinet meeting
Tension mounted the next day
The farmers, on their 7th day of encampment, barricaded the MAR premises
and prevented the employees from going inside their offices
On January 22, 1987, following a heated discussion between Alvarez and
Tadeo, Tadeo's group decided to march to Malacanang to air their demands
On their march to Malacanang, they were joined by Kilusang Mayo Uno (KMU),
Bagong Alyansang Makabayan (BAYAN), League of Filipino Students (LFS), and
Kongreso ng Pagkakaisa ng Maralitang Lungsod (KPML)
Government intelligent reports were also received that the KMP was heavily
infliltrated by CPP/NPA elements, and that an insurrection was impending
Government anti-riot forces assembled at Mendiola
The marchers numbered about 10,000 to 15,000 at around 4:30 pm
From CM Recto, they proceeded toward the police lines. No dialogue took
place; "pandemonium broke loose"
After the clash, 12 marchers were officially confirmed dead (13 according to
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Tadeo)
39 were wounded by gunshots and 12 sustained minor injuries, all belonging to
the group of marchers
Of the police and military, 3 sustained gunshot wounds and 20 suffered minor
physical injuries
The "Citizens' Mendiola Commission" submitted its report on the incident on
February 27, 1987 as follows
The march did not have any permit
The police and military were armed with handguns prohibited by law
The security men assigned to protect the government units were in
civilian attire (prohibited by law)
There was unnecessary firing by the police and military
The weapons carried by the marchers are prohibited by law
It is not clear who started the firing
The water cannons and tear gas were not put into effective use to
disperse the crowd; the water cannons and fire trucks were not put
into operation because:
there was no order to use them
they were incorrectly prepositioned
they were out of range of the marchers
The Commission recommended the criminal prosecution of four unidentified,
uniformed individuals shown either on tape or in pictures, firing at the
direction of the marchers
The Commission also recommended that all the commissioned officers of both
the Western Police District (WPD) and Integrated National Police (INP) who
were armed be prosecuted for violation of par. 4(g) of the Public Assembly Act
of 1985
Prosecution of the marchers was also recommended
It was also recommended that Tadeo be prosecuted both for holding the rally
without permit and for inciting sedition
Administrative sanctions were recommended for the following officers for their
failure to make effective use of their skill and experience in directing the
dispersal operations in Mendiola:
Gen. Ramon E. Montao
Police Gen. Alfredo S. Lim
Police Gen. Edgar Dula Torres
Police Maj. Demetrio dela Cruz
Col. Cezar Nazareno
Maj. Filemon Gasmin
Last and most important recommendation: for the deceased and wounded
victims to be compensated by the government
It was this portion that petitioners (Caylao group) invoke in their
claim for damages from the government
No concrete form of compensation was received by the victims
On January, 1988, petitioners instituted an action for damages against the
Republic of the Philippines, together with the military officers, and personnel
involved in the Mendiola incident
Solicitor general filed a Motion to Dismiss on the ground that the State
cannot be sued without its consent
Petitioners said that the State has waived its immunity from suit
Judge Sandoval dismissed the case on the ground that there was no such
waiver
Motion for Reconsideration was also denied
Issues:
1. Whether or not the State has waived its immunity from suit (i.e. Whether or not
this is a suit against the State with its consent)
Petitioners argue that by the recommendation made by the Commission
for the government to indemnify the heirs and victims, and by public
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Posted by Block Diegest at 6:25 PM
Labels: consti1
addresses made by President Aquino, the State has consented to be
sued
2. Whether or not the case qualifies as a suit against the State
Holding:
1. No.
This is not a suit against the State with its consent.
2. No.
Ratio:
1. Art. XIV, Sec. 3, 1987 Constitution: The State may not be sued without its consent
The recommendations by the Commission does not in any way mean that
liability automatically attaches to the State
The Commission was simply a fact-finding body; its findings shall serve
only as cause of action for litigation; it does not bind the State
immediately
President Aquino's speeches are likewise not binding on the State; they
are not tantamount to a waiver by the State
2. Some instances when a suit against the State is proper:
1. When the Republic is sued by name;
2. When the suit is against an unincorporated government agency
3. When the suit is on its face against a government officer but the case is such
that the ultimate liability will belong not to the officer but to the
government
Although the military officers and personnel were discharging their
official functions during the incident, their functions ceased to be
official the moment they exceeded their authority
There was lack of justification by the government forces in the use of
firearms.
Their main purpose in the rally was to ensure peace and order, but they
fired at the crowd instead
No reversible error by the respondent Judge found. Petitions dismissed.
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