Republic vs.

Sandoval 220 SCRA 124

Sunday, January 25, 2009 Posted by Coffeeholic Writes 
Labels: Case Digests, Political Law

Facts: Farmer-rallyists marched to Malacanang calling for a genuine land

reform program. There was a marchers-police confrontation which resulted
in the death of 12 rallyists and scores were wounded. As a result, then Pres.
Aquino issued AO 11 creating the Citizens Mendiola Commission for the
purpose of conducting an investigation. The most
significant recommendation of the Commission was for the heirs of
thedeceased and wounded victims to be compensated by the government.
Based on such recommendation, the victims of Mendiola massacre filed an
action for damages against the Republic and the military/police officers
involved in the incident. 

Issues: 
(1) Whether or not there is a valid waiver of immunity
(2) Whether or not the State is liable for damages

Held: The Court held that there was no valid waiver of immunity as

claimed by the petitioners. The recommendation made by the Commission to
indemnify the heirs of the deceased and the victims does not in any way
mean that liability attaches to the State. AO 11 merely states the purpose of
the creation of the Commission and, therefore, whatever is the finding of the
Commission only serves as the basis for a cause of action in the event any
party decides to litigate the same. Thus, the recommendation of the
Commission does not in any way bind the State. 

The State cannot be made liable because the military/police officers who
allegedly were responsible for the death and injuries suffered by the
marchers acted beyond the scope of their authority. It is a settled rule that
the State as a person can commit no wrong. The military and police officers
who were responsible for the atrocities can be held personally liable for
damages as they exceeded their authority, hence, the acts cannot be
considered official.