Title
Galman vs. Pamaran
Case
G.R. No. 71208-09
Decision Date
Aug 30, 1985
Former Senator Aquino's 1983 assassination led to Agrava Board hearings; respondents' testimonies deemed admissible as immunity under P.D. 1886 was not invoked, waiving their right against self-incrimination.
killing
testimonies
constitutional rights
A

Case Digest (G.R. No. 71208-09)

Facts:

  • Assassination and creation of Agrava Board
    • On August 21, 1983, former Senator Benigno S. Aquino, Jr. was fatally shot at the Manila International Airport (MIA). Rolando Galman was also killed nearby.
    • Presidential Decree No. 1886 (PD 1886) established a Fact-Finding Board (Agrava Board) with plenary powers to determine the facts and circumstances of the assassination and to conduct a free, unlimited, exhaustive investigation.
  • Agrava Board proceedings
    • The Board conducted public hearings; among the witnesses summoned or invited were General Fabian C. Ver, Major General Prospero Olivas, Sgts. Pablo Martinez, Tomas Fernandez, Leonardo Mojica, Pepito Torio, Prospero Bona, and AIC Aniceto Acupido (the private respondents).
    • Two reports resulted: a minority report by Chair Justice Corazon J. Agrava, and a majority report by the other four members. These were referred to the Tanodbayan.
  • Criminal prosecutions in the Sandiganbayan
    • The Tanodbayan filed two Informations for murder (Crim. Case Nos. 10010 and 10011) before the Sandiganbayan, charging the private respondents as accessories.
    • At trial, the prosecution offered the private respondents’ testimonies and other evidence from the Agrava Board hearings. The respondents objected, invoking PD 1886 immunity and the constitutional privilege against self-incrimination.
  • Sandiganbayan resolution and petitions
    • On June 13, 1985, the Sandiganbayan admitted all prosecution exhibits except the private respondents’ Agrava Board testimonies and related evidence, citing PD 1886 immunity.
    • The Tanodbayan and a private prosecutor filed petitions for certiorari in the Supreme Court, assailing the exclusion order as void for want of jurisdiction and as an abuse of discretion.

Issues:

  • Admissibility of compelled testimony
Was the testimony and evidence given by the private respondents before the Agrava Board admissible against them in subsequent criminal proceedings?
  • Invocation of privilege and statutory immunity
Does failure to invoke the privilege against self-incrimination before the Agrava Board waive immunity under PD 1886 and permit use of the compelled testimony?
  • Constitutional conflict
Does PD 1886’s compulsion of testimony and limited immunity conflict with Section 20, Article IV of the 1973 Constitution (privilege against self-incrimination, right to remain silent, and exclusion of involuntary confessions)?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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