republic vs. sandoval (consti1)

4
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 2012 (34) June (34) Shauf v. CA (consti1) Co v. HRET (Re: Citizenship issue only) [consti1] Roa v. Collector of Customs (Consti1) Amigable v. Cuenca (Consti1) US v. Ruiz (Consti1) Malong v. PNR (Consti1) People v. Echegaray (CRIM1) Magno vs. CA (Crim1) People vs. Oanis (Crim1) People v. De La Cruz (Crim1) People of the Philippines v. Carlos (CRIM1) Adiong v. COMELEC (CRIM1) US vs. Guinto (Consti1) Republic vs. Villasor (Consti1) EPG Construction Co. vs. Vigilar (Consti1) Republic vs. Feliciano (Consti1) De Los Santos vs. IAC (Consti1) Lansang vs. Court of Appeals (Consti1) Harden vs. Director of Prisons (Crim1) People vs. Ferrer (Crim1) US vs. Diaz-Conde (Crim1) People vs. Formigones (Crim1) Gascon vs. Arroyo (Consti1) Santiago vs. Republic (Consti1) Commissioner of Public Highways vs. Burgos (Consti... Republic vs. Nolasco (Consti1) Republic vs. Judge, Branch XV (Consti1) Republic vs. Sandoval (Consti1) Padilla vs. Dizon (Crim1) US vs. Ah Chong (Crim1) People vs. Puno (Crim1) People vs. Talingdan (Crim1) People v. Rosenthal & Osmena (Crim1) People vs. Silvestre and Atienza (Crim1) Blog Archive About Me 0 Higit Pa Susunod na Blog» Bumuo ng Blog Mag-sign in

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Page 1: Republic vs. Sandoval (Consti1)

Death by digestsDeath by digestsSaturday, 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 AuthorityFacts:

The heirs of the deceased of the January 22, 1987 Mendiola massacre(background: Wiki), together with those injured (Caylao group), instituted thepetition, seeking the reversal and setting aside of the orders of respondentJudge Sandoval (May 31 and Aug 8, 1988) in "Erlinda Caylao, et al. vs. Republicof the Philippines, et al." which dismissed the case against the Republic of thePhilippines

May 31 order: Because the impleaded military officers are beingcharged in their personal and official capacity, holding them liable,if at all, would not result in financial responsibility of thegovernment

Aug 8 order: denied the motions filed by both parties forreconsideration

In January 1987, farmers and their sympathizers presented their demands forwhat they called "genuine agrarian reform"

The Kilusang Magbubukid ng Pilipinas (KMP), led by Jaime Tadeo, presentedtheir 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 theattention 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 premisesand prevented the employees from going inside their offices

On January 22, 1987, following a heated discussion between Alvarez andTadeo, 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), andKongreso ng Pagkakaisa ng Maralitang Lungsod (KPML)

Government intelligent reports were also received that the KMP was heavilyinfliltrated 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 tookplace; "pandemonium broke loose"

After the clash, 12 marchers were officially confirmed dead (13 according to

▼ 2012 (34)

▼ June (34)

Shauf v. CA (consti1)

Co v. HRET (Re: Citizenship issue only)[consti1]

Roa v. Collector of Customs (Consti1)

Amigable v. Cuenca (Consti1)

US v. Ruiz (Consti1)

Malong v. PNR (Consti1)

People v. Echegaray (CRIM1)

Magno vs. CA (Crim1)

People vs. Oanis (Crim1)

People v. De La Cruz (Crim1)

People of the Philippines v. Carlos(CRIM1)

Adiong v. COMELEC (CRIM1)

US vs. Guinto (Consti1)

Republic vs. Villasor (Consti1)

EPG Construction Co. vs. Vigilar(Consti1)

Republic vs. Feliciano (Consti1)

De Los Santos vs. IAC (Consti1)

Lansang vs. Court of Appeals (Consti1)

Harden vs. Director of Prisons (Crim1)

People vs. Ferrer (Crim1)

US vs. Diaz-Conde (Crim1)

People vs. Formigones (Crim1)

Gascon vs. Arroyo (Consti1)

Santiago vs. Republic (Consti1)

Commissioner of Public Highways vs.Burgos (Consti...

Republic vs. Nolasco (Consti1)

Republic vs. Judge, Branch XV (Consti1)

Republic vs. Sandoval (Consti1)

Padilla vs. Dizon (Crim1)

US vs. Ah Chong (Crim1)

People vs. Puno (Crim1)

People vs. Talingdan (Crim1)

People v. Rosenthal & Osmena (Crim1)

People vs. Silvestre and Atienza (Crim1)

Blog Archive

About Me

0 Higit Pa Susunod na Blog» Bumuo ng Blog Mag-sign in

Page 2: Republic vs. Sandoval (Consti1)

Tadeo)

39 were wounded by gunshots and 12 sustained minor injuries, all belonging tothe group of marchers

Of the police and military, 3 sustained gunshot wounds and 20 suffered minorphysical injuries

The "Citizens' Mendiola Commission" submitted its report on the incident onFebruary 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 incivilian 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 todisperse the crowd; the water cannons and fire trucks were not putinto 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 thedirection of the marchers

The Commission also recommended that all the commissioned officers of boththe Western Police District (WPD) and Integrated National Police (INP) whowere armed be prosecuted for violation of par. 4(g) of the Public Assembly Actof 1985

Prosecution of the marchers was also recommended

It was also recommended that Tadeo be prosecuted both for holding the rallywithout permit and for inciting sedition

Administrative sanctions were recommended for the following officers for theirfailure to make effective use of their skill and experience in directing thedispersal operations in Mendiola:

Gen. Ramon E. Montaño

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 woundedvictims to be compensated by the government

It was this portion that petitioners (Caylao group) invoke in theirclaim 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 theRepublic of the Philippines, together with the military officers, and personnelinvolved in the Mendiola incident

Solicitor general filed a Motion to Dismiss on the ground that the Statecannot 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 suchwaiver

Motion for Reconsideration was also denied

Issues:

1. Whether or not the State has waived its immunity from suit (i.e. Whether or notthis is a suit against the State with its consent)

Petitioners argue that by the recommendation made by the Commissionfor the government to indemnify the heirs and victims, and by public

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Page 3: Republic vs. Sandoval (Consti1)

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addresses made by President Aquino, the State has consented to besued

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 thatliability automatically attaches to the State

The Commission was simply a fact-finding body; its findings shall serveonly as cause of action for litigation; it does not bind the Stateimmediately

President Aquino's speeches are likewise not binding on the State; theyare 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 suchthat the ultimate liability will belong not to the officer but to thegovernment

Although the military officers and personnel were discharging theirofficial functions during the incident, their functions ceased to beofficial the moment they exceeded their authority

There was lack of justification by the government forces in the use offirearms.

Their main purpose in the rally was to ensure peace and order, but theyfired at the crowd instead

No reversible error by the respondent Judge found. Petitions dismissed.

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