Republic vs.

Sandoval 220 SCRA 124

Sunday, J anuary 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.