Case Digest (G.R. No. 149453)
Facts:
People of the Philippines, et al. v. Panfilo M. Lacson, G.R. No. 149453, May 28, 2002, Supreme Court En Banc. Before the Court is a petition for review on certiorari seeking to set aside the Court of Appeals Decision of August 24, 2001 (CA-G.R. SP No. 65034) that granted respondent Lacson’s Second Amended Petition for Prohibition with application for a Temporary Restraining Order and permanently enjoined the filing/prosecution of newly filed Informations (Crim. Cases Nos. 01-101102 to 01-101112) in the Quezon City RTC arising from the Kuratong Baleleng killings.On May 18, 1995 eleven alleged members of the Kuratong Baleleng Gang were killed; press reports and subsequent affidavits by SPO2 Eduardo delos Reyes and SPO2 Corazon dela Cruz asserted the deaths were summary executions by a composite police team (ABRITFG) that included elements under then-Chief Superintendent Panfilo M. Lacson. The Ombudsman initially recommended dismissal but a review panel found probable cause and filed eleven Informations for murder in the Sandiganbayan against Lacson and others (Crim. Nos. 23047–23057). After motions, the cases were remanded for reinvestigation and Amended Informations downgraded Lacson’s role from principal to accessory.
Because the Amended Informations no longer showed a principal who was a government official of Salary Grade (SG) 27 or higher, the Sandiganbayan ordered transfer to the RTC; legislative amendment by R.A. No. 8249 subsequently broadened Sandiganbayan jurisdiction but this Court in Lacson v. Executive Secretary (301 SCRA 298) ordered transfer to the RTC on the ground that the Amended Informations failed to allege commission of offenses in relation to official functions. The cases were raffled to RTC Quezon City, Branch 81 (Judge Agnir) as Criminal Cases Q-99-81679 to Q-99-81689.
Before arraignment, several prosecution witnesses recanted and several private complainants executed affidavits of desistance. On March 29, 1999 Judge Agnir dismissed the Informations for lack of probable cause, expressly noting the recantations and desistance and finding no remaining evidence to hold the accused for trial. Thereafter the PNP and DOJ received new affidavits and reopened investigation; Lacson sought to enjoin the reinvestigation and filed petitions for prohibition/TRO in the RTC-Manila (Branch 40, Judge Pasamba), which denied his TRO motion on June 5, 2001.
On June 6, 2001 eleven new Informations (Crim. Cases Nos. 01-101102 to 01-101112) were filed in RTC Quezon City, Branch 81 (Judge Yadao). Lacson went to the Court of Appeals seeking certiorari, prohibition and injunctive relief; the CA issued a TRO and on August 24, 2001 the CA Special Third Division (Rosario, J., penned; Guerrero, J., dissenting) granted Lacson’s petition, held the CA dismissal provision...(Subscriber-Only)
Issues:
- Is the revival (refiling) of the murder Informations against Panfilo M. Lacson barred by Section 8, Rule 117 of the 2000 Revised Rules of Criminal Procedure?
- Should the Court enjoin further proceedings and issuance of warrants against Lacson pending determination of whether Section 8, Rule 117 applies (including the question whether the dismissal was provisional with the accused’s consent and whether o...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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