CASE 17

REPUBLIC VS EDILBERTO SANDOVAL, 220 SCRA 124

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 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. 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 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)
2. Petitioners argue that by the recommendation made by the Commission for the government to
indemnify the heirs and victims, and by public addresses made by President Aquino, the State has
consented to be sued
3. Whether or not the case qualifies as a suit against the State.

RULING:

No. This is not a suit against the State with its consent.