Case Digest (G.R. No. 197291) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Datu Andal Ampatuan Jr. v. Sec. Leila de Lima et al. (G.R. No. 197291, April 3, 2013), petitioner Datu Andal Ampatuan Jr., then Mayor of Datu Unsay, was among the principal suspects in the November 23, 2009 Maguindanao massacre, where 57 civilians were killed in Sitio Masalay. Inquest proceedings were conducted on November 26, 2009 at General Santos Airport Lounge. The Department of Justice (DOJ), through Secretary Agnes Devanadera, constituted a Special Panel of Prosecutors who filed 25 informations on December 1, 2009 in Cotabato City and later transferred venue to Quezon City and Manila. By joint resolution dated February 5, 2010, the Panel charged 196 individuals with multiple murder. Kenny Dalandag executed two affidavits on December 7, 2009 admitting participation. He was admitted to the Witness Protection Program (WPP) on August 13, 2010 and listed as a prosecution witness in the amended pre-trial order of September 7, 2010. Petitioner wrote to DOJ Secretary Leila De L Case Digest (G.R. No. 197291) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- The Maguindanao Massacre and Initial Proceedings
- On November 23, 2009, 57 civilians were killed in Sitio Masalay, Ampatuan, Maguindanao. Datu Andal Ampatuan Jr., then Mayor of Datu Unsay, was a principal suspect.
- Inquest proceedings were held on November 26, 2009 at General Santos Airport; Ampatuan was flown to Manila and detained at the NBI. Over 100 other suspects were likewise charged.
- Department of Justice Actions and Filing of Informations
- By DOJ Department Order No. 948, a Special Panel of Prosecutors was formed. On November 27, 2009, the DOJ resolved to file murder informations against Ampatuan and issue subpoenas.
- On December 1 and 3, 2009, multiple informations (25 in Cotabato RTC; later 15 more) were filed; on December 8, 2009, the Supreme Court transferred venue to Metro Manila.
- Arraignment and Joint Resolution
- Ampatuan pleaded not guilty to 41 murder informations in Quezon City RTC on January 5, 2010, February 3, 2010, and July 28, 2010.
- On February 5, 2010, the DOJ panel issued a joint resolution charging 196 individuals with multiple murder, relying partly on two affidavits by Kenny Dalandag dated December 7, 2009.
- Witness Protection and Petitioner’s Requests
- Dalandag was admitted into the DOJ Witness Protection Program on August 13, 2010; he was listed as a prosecution witness in the QC RTC’s amended pre-trial order on September 7, 2010.
- From October 14 to November 2, 2010, Ampatuan repeatedly requested DOJ Secretary Leila De Lima to include Dalandag as an accused based on his confessions; the requests were denied on November 2, 2010.
- Petition for Mandamus and Trial Court Proceedings
- On December 7, 2010, Ampatuan filed a mandamus petition in RTC Manila (Civil Case No. 10-124777), seeking to compel respondents to indict Dalandag. A pre-trial conference was set on January 24, 2011.
- The RTC granted document production and subpoenas; respondents moved to quash. After various motions and oppositions, the RTC issued an order on June 27, 2011 dismissing the petition for mandamus.
Issues:
- Whether public respondents can be compelled by writ of mandamus to investigate and prosecute Kenny Dalandag as an accused in the multiple murder informations for the Maguindanao massacre despite his admissions.
- Whether Dalandag’s inclusion in the DOJ Witness Protection Program precludes his indictment as an accused notwithstanding his own sworn statements of participation.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)