Digest 4 - Republic vs. Sandoval March 19, 1993

G.R. No.
84607 March 19, 1993
REPUBLIC OF THE PHILIPPINES, et. al., petitioners,
vs
HON. EDILBERTO G. SANDOVAL, Regional Trial Court of Manila, Branch IX, et al., respondents.
FACTS:
On January 22, 1987, the Mendiola Massacre took place. It was the end of the eight days and seven
nights of encampment by the members of the militant Kilusang Magbubukid sa Pilipinas (KMP) at the then
Ministry (now Department) of Agrarian Reform (MAR) at the Philippine Tobacco Administration Building
along Elliptical Road in Diliman, Quezon City.
The heirs of the deceased, together with those injured (Caylao Group), instituted a petition under Sec.
1, Rule 65 of the Rules of Court. They sought to reverse and set aside of the orders of respondent Judge
Sandoval on May 31 and August 8, 1988 dismissing the complaint for damages against the Republic of the
Philippines on the case entitled, “Erlinda Caylao, et al. v. Republic of the Philippines, et al.”
The order on May 31, 1988 stated that the impleaded Military Officers, since they are being charged
in their personal and official capacity, and holding them liable, would not result in financial responsibility
of the government, the principle of immunity from suit cannot be applied to them. The motions for
reconsideration of the order was denied on August 8, 1998 since respondent Judge found no cogent reason
to disturb the said order.
The incident started when the farmers and their sympathizers presented their demands for what they
called "genuine agrarian reform". The KMP, led by its national president, Jaime Tadeo, presented their
problems and demands, among which were: (a) giving lands for free to farmers; (b) zero retention of lands
by landlords; and (c) stop amortizations of land payments.
The dialogue between the farmers and the MAR officials began on January 15, 1987. Two days later,
there was a marked increase in people at the encampment. On January 20, 1987, Jaime Tadeo spoke with
then Minister Heherson Alvarez, demanding that the minimum comprehensive land reform program be
granted immediately. Minister Alvarez then promised to do his best to bring the matter to then Pres.
Aquino during the cabinet meeting the next day.
On the 7th day of encampment, the farmers barricaded the MAR premises and prevented the
employees from going inside their offices. They hoisted the KMP flag together with the Phil flag. On Jan. 22,
1987, Tadeo’s group decided to march to Malacanang to air their demands. On their way, they were joined
by the members of other sectoral organizations.
Capital Regional Command (CAPCOM) inspected the adequacy of the preparations of the government
forces to quell impending attacks. Intelligence reports were also received that the KMP was heavily
infiltrated by CCP/NPA elements and that an insurrection was impending. Government anti-riot forces were
assembled at Mendiola.
At around 4:30pm, the marchers numbered about 10,000-15,000 and proceeded towards the police
line, without any dialogue taking place between them and the anti-riot squad. It was at this moment that
the clash occurred and “pandemonium broke loose”. 12 rallyists were killed, 39 were wounded by
gunshots, and 12 sustained minor injuries.
Pres. Aquino issued AO No. 11 dated Jan. 22, 1987 which created the Citizens’ Mendiola Commission
for the purpose of conducting an investigation on the incident, which then submitted their report and
recommended for the prosecution of Tadeo for the march without permit, as well as particular military
officers and police forces involved, and for the deceased and wounded victims of the Mendiola incident
to be compensated by the government. Notwithstanding such information, no concrete form of
compensation was received by the victims. They institution of action for damages against the Republic of
the Philippines which was dismissed on the ground that the State cannot be sued without its consent.
Petitioners contended that the State has impliedly waived its immunity through the recommendations of
the Committee and the public addresses by then Pres. Aquino to which Judge Sandoval dismissed on the
ground that there was no such waiver.
ISSUE
Whether or not the State has waived its immunity from suit.
RULING
No. According to Art. XIV, Sec. 3 of the 1987 Constitution, the State may not be sued without its
consent. The recommendations of the Citizens’ Mendiola Commission does not in any way mean that
liability automatically attaches to the State. AO 11 expressly stated that the purpose of creating the
Commission was only to conduct an investigation of the disorder, deaths, and casualties that took place.
Its findings and recommendations shall serve only as cause of action for litigation; it does not bind the
State immediately, and are not final and executory. Pres. Aquino’s public addresses are likewise not binding
on the State; they are not tantamount to a waiver by the State.
Some instances where a suit against the State is proper are: (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.
As to the military officers and personnel, although they were performing their official functions during
the incident, their functions ceased to be official the moment they exceeded their authority. They were
deployed to ensure that the rally would be peaceful and orderly as well as to guarantee the safety of the
very people that they are duty-bound to protect. However, the facts as found by the trial court showed that
they fired at the unruly crowd to disperse the latter. This court has made it quite clear that even a “high
position in the government does not confer a license to persecute or recklessly injure another.”
Wherefore, finding there was no reversible error, the petitions were dismissed.

Digest 4 - Republic vs. Sandoval March 19, 1993

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Digest 4 - Republic vs. Sandoval March 19, 1993

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G.R. No.

84607 March 19, 1993

REPUBLIC OF THE PHILIPPINES, et. al., petitioners,

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