Republic v. Sandoval
G.R. No. 84607
March 19, 1993
Facts:
This case is connected to the Mendiola Massacre, which was the culmination of eight days and seven nights of encampment by members of the Kilusang Magbubukid sa Pilipinas (KMP) at the Ministry of Agrarian Reform (MAR) at the Philippine Tobacco Administration Building along Elliptical Road in Diliman, Quezon City. The farmers demanded genuine agrarian reform. The group was led by its national president, Jaime Tadeo.
On January 20, 1987, the minister of agriculture, Heherson Alvarez, told Tadeo that he should wait for the ratification of the 1987 Constitution and just allow the government to implement its comprehensive land reform program. Tadeo, however, said that he did not believe in the Constitution.
On January 22, Tadeo’s group marched to Malacanang to air their demands. He threatened the government, saying, “. . . inalis namin ang barikada bilang kahilingan ng ating Presidente, pero kailangan alisin din niya ang barikada sa Mendiola sapahkat bubutasin naming iyon at dadanak ang dugo . . .”
The group proceeded to march from Quezon Menorial Circle at 10:00 am and were joined by organizations such as Kilusang Mayo Uno (KMU), Baging Alyansang Makabayan (BAYAN), League of Filipino Students (LFS), and Kongreso ng Pagkakaisa ng Maralitang Lungsod (KPML).
In anticipation of a civil disturbance, Capital Regional Command (CAPCOM) Commander General Ramon Montano inspected the preparations and adequacy of the government forces to quell impending attacks. OPLAN YELLOW was put into effect. Task Force Nazareno, under the command of Col. Cesar Nazareno, was deployed at the vicinity of Malacanang. Intelligence reports were received that the KMP was heavily infiltrated by CPP/ NPA elements and that insurrection was pending. To prepare for the disturbance, the atni-riot forces were assembled at Mendiola under the command of the following:
· Police Colonel Edgar Dula Torres
· Police Major Demetrio dela Cruz
· Major Felimon Gasmin
· Fire Superintendent Mario Tanchanco
· General Ramon Montano
· Colonel Cezar Nazareno
· Police General Alfredo Lim
The marchers were around 10,000 to 15,000 in number. At 4:30 p.m., they proceeded to the police lines. No dialog took place between the marchers and the anti-riot squad. Then, there was suddenly an explosion followed by the throwing of pillboxes, stones, and bottles. After the riot, 12 marchers were confirmed dead, 39 were wounded by gunshots, and 12 sustained minor injuries, all belonging to the group of marchers. From the police and military personnel, 3 sustained gunshot wounds, and 20 suffered minor physical injuries.
President Corazon Aquino then issued AI 11 on January 22, 1987, which created the Citizens’ Mendiola Commission. It was specifically created for investigating the Mendiola Massacre. The Commission found the following:
· The KMP rally was not covered by any permit as required by BP 880.
· The crowd dispersal control units were armed with .38 and .45 caliber handguns, and M-16 armalites, which were prohibited under BP 880.
· Some officers were in civilian attire.
· There was unnecessary firing by the police and military.
· The marchers carried steel bars, pillboxes, darts, lead pipes, wooden clubs with spikes, and guns. These are offensive weapons and are prohibited under BP 880.
· The KMP farmers broke further negotiations by the MAR officials, and Jaime Tadeo issued threats.
· There was no dialog between the government forces and rallyists.
· The police fought back with truncheons and shield. There ensued gunfire from both sides.
· The water cannons and tear gas were not put into effective use.
· The water cannons and fire trucks were not put into operation for the following reasons:
o There was no order to use them
o They were incorrectly prepositioned
o They were out of range of the marchers
· No barbed wire barricade was used in Mendiola, but no official reason was given for its absence.
The Commission recommended that Jaime Tadeo be prosecuted for holding the rally without a permit. They also recommended that the following officers be prosecuted for their failure to make effective use of their skill and experience in directing the dispersal operations in Mendiola:
1. Gen. Ramon Montano
2. Police Gen. Alfredo Lim
3. Police Gen. Edgar Dula Torres
4. Police Maj. Demetrio dela Cruz
5. Col. Cezar Nazareno
6. Maj. Felimon Gasmin
Respondent Judge Sandoval dismissed the complaint because it was against the Republic of the Philippines, and the latter has not given its consent to be sued. He also denied the motion for reconsideration of the Caylao group, which was composed of the heirs of the victims.
The Caylao group contended that the State has given its consent to be sued when President Aquino created the fact-finding commission and when she gave a speech, saying that the government will address the grievances of the rallyists.
Issue:
1. Has the State given its consent to be sued?
2. Did Judge Sandoval commit grave abuse of discretion?
Ruling:
1. No. This is not a suit against the State with its consent. The recommendation made by the Commission regarding the indemnification of the heirs of the deceased and victims did not automatically mean that the liability attaches to the State. The Commission was merely a fact-finding commission. Furthermore, the speech made by President Aquino did not amount to consent by the State. In this case, even if the Republic is sued by name, the ultimate liability does not pertain to the government. Instead, it pertains to the military and police officials. The Court said that their official functions ceased when they exceeded their authority. Based on the Commission’s findings, there was not enough justification of the use of firearms by the military and police personnel. An officer cannot shelter himself by the plea that he is a public agent acting under the color of his office when his acts are wholly without authority.
2. No. There was no irreversible error committed by Judge Sandoval, and no grave abuse of discretion was found to be committed by him.
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