G.R. No. L-7311 - New Zealand Insurance Co., Ltd. vs. Joy

On August 10, 2008, Hadja Nihma Alabain, her grandson Qamar Mujanil, nephew Munajin Alabain, and several farm workers were returning home from a farm in Baas, Lamitan, Basilan.
They encountered patrolling Philippine Marine soldiers led by Capt. Jomar B. Daquioag.
During the encounter, a soldier fired at the group despite warnings, resulting in the death of Robert Alviar and a minor injury to Jaivin Palces.
Following the incident, some members of the group were subjected to a brief period of interrogation; confiscation of their shotgun and farm implements occurred.
Two days later, the carabao of one victim died, further adding to the series of unfortunate events linked to the encounter.

On August 20, 2008, Hadji Alabain, Hadja Alabain, and Spouses Alviar, among others, filed a complaint against Capt. Daquioag before the Commission on Human Rights (CHR).
Affidavits were executed by Hadja Alabain and other affected parties in support of their complaint.
On December 11, 2008, the CHR issued a resolution recommending that the case be forwarded to the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (OMB-MOLEO) for criminal and administrative charges, noting that the military failed to verify the presence of a military objective, thus targeting mere civilians.

It found Capt. Daquioag guilty of grave misconduct.
The penalty imposed was dismissal from service.
The decision was based largely on identification by Hadja Alabain, who purportedly recognized Capt. Daquioag as the leader of the soldiers who fired at her group.

The decision was further reinforced by affidavits from members of the operating troops; however, these failed to effectively corroborate Capt. Daquioag’s absence from the scene.
Evidence pertaining to an alleged encounter with armed MILF elements was scrutinized and ultimately rejected, emphasizing that the victims were civilians and non-combatants.

Capt. Daquioag, disagreeing with the administrative penalty and findings, filed a motion for reconsideration which was denied.
The case was elevated to the Court of Appeals (CA) where on August 10, 2015, the CA affirmed the OMB-MOLEO’s decision.

The CA reiterated that under R.A. 6770 the findings of the Ombudsman, when supported by substantial evidence, are conclusive.
It held that the identity of Capt. Daquioag as leader, based on Hadja Alabain’s affidavit, was adequate to uphold the charge of grave misconduct despite a subsequent joint affidavit of desistance.

Evidence was presented by LtCol. Leonard Vincent D. Teodoro and 2nd Lt. Rod Bryan S. Eribal, affirming Capt. Daquioag’s role as a Civil Military Officer (CMO) whose functions did not include engaging in armed combat.
A joint affidavit of desistance, executed in August 2011 and repudiating the initial identification, was also introduced but was deemed by the CA as having no effect on the administrative liability.

Capt. Daquioag elevated the case to the Supreme Court challenging the factual findings that led to his dismissal.
He argued that his role as CMO inherently prohibited him from actively participating in an armed encounter.
The petition underscored discrepancies in the evidentiary basis of Hadja Alabain’s identification and the undue weight given by the OMB-MOLEO and the CA, particularly in light of corroborative affidavits from his commanding officers.

Whether the Court of Appeals erred in upholding the finding of grave misconduct against Capt. Daquioag.

Specifically, whether the identification of Capt. Daquioag as the leader of the group that fired upon civilians was substantiated by sufficient and reliable evidence.
Whether the subsequent joint affidavit of desistance, which repudiated the earlier allegations, should have altered or nullified the administrative liability of Capt. Daquioag.
Whether the CA properly applied the principle that administrative findings based on substantial evidence are conclusive under Section 27 of R.A. 6770.