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:

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
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
o The march did not have any permit
o The police and military were armed with handguns prohibited by law
o The security men assigned to protect the government units were in civilian attire
(prohibited by law)
o There was unnecessary firing by the police and military
o The weapons carried by the marchers are prohibited by law
o It is not clear who started the firing
o 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:
o Gen. Ramon E. Montao
o Police Gen. Alfredo S. Lim
o Police Gen. Edgar Dula Torres
o Police Maj. Demetrio dela Cruz
o Col. Cezar Nazareno
o Maj. Filemon Gasmin

Last and most important recommendation: for the deceased and wounded victims to
be compensated by the government
o It was this portion that petitioners (Caylao group) invoke in their claim for
damages from the government