Case Summary (G.R. No. 197291)
Background of the Maguindanao Massacre Investigation
On November 23, 2009, fifty-seven civilians were killed in Maguindanao. Inquest proceedings against Ampatuan Jr. commenced on November 26, followed by preliminary investigation by a DOJ Special Panel. By December 1, 2009, 25 informations for murder were filed in Cotabato City, and additional informations were lodged thereafter. Venue was transferred to Quezon City RTC Branch 211 to ensure impartiality.
Procedural History of the Mandamus Petition
Between January and July 2010, Ampatuan Jr. pleaded not guilty to 41 murder informations. On October 14, 2010, he requested DOJ to charge Dalandag as a co-accused based on his affidavits; this request was denied on November 2, 2010. On December 7, 2010, Ampatuan Jr. filed a mandamus petition in RTC Manila seeking to compel respondents to include Dalandag in the informations. The trial court dismissed the petition on June 27, 2011, prompting this appeal.
Issues Presented
- Whether public prosecutors can be compelled by mandamus to investigate and charge Kenny Dalandag as an accused despite his admissions in sworn declarations.
- Whether Dalandag’s admission into the Witness Protection Program precludes his indictment for complicity in the massacre.
Applicable Law and Constitutional Basis
1987 Philippine Constitution, Article III, Section 3 (separation of powers).
Rules of Court:
• Rule 110, Sec. 2 – mandatory joinder of all persons responsible for an offense in the information.
• Rule 119, Sec. 17 – discharge of a co-accused to become a state witness upon meeting specified conditions.
Republic Act No. 6981 (Witness Protection, Security and Benefit Act), Secs. 10 and 12 – criteria and effects of admission into the Witness Protection Program.
Prosecutorial Discretion and Mandamus Limitations
- The power to initiate and pursue criminal charges resides exclusively in the Executive Department via the DOJ and Public Prosecutors.
- Mandamus may compel the performance of a ministerial act but cannot dictate the exercise of prosecutorial judgment or reverse a discretionary decision.
- Judicial interference in preliminary investigations is permitted only when there is grave abuse of discretion—arbitrariness, capriciousness, or despotic refusal to perform a duty.
Admission of a State Witness Under Rule 119 and RA 6981
- Under Rule 119, Sec. 17, a trial court may discharge a co-accused to serve as witness if: absolute necessity, lack of other direct evidence, substantial corroboration, accused not most guilty, and no conviction for moral turpitude.
- Under RA 6981, Sec. 10, a participant in a crime may be admitted into the Witness Protection Program upon similar conditions; such admission operates as an acquittal and bars further prosecution unless the witness fails to testify.
- No requirement exists under RA 6981 to first charge the applicant as an accused. The DOJ grants immunity; the trial court discharges the accused upon certification.
Application to Kenny Dalandag
- Dalandag’s admission into the Witness Protection Program on August 13, 2010 satisfied all statutory criteria, including absolute necessity and corroboration of his testimony.
- His participation admissions did not preclude state-witness status, provid ...continue reading
Case Syllabus (G.R. No. 197291)
Facts of the Case
- On November 23, 2009, fifty-seven civilians were massacred in Sitio Masalay, Maguindanao. Petitioner, then Mayor of Datu Unsay, was among the principal suspects.
- Inquest proceedings against petitioner were conducted on November 26, 2009 at General Santos Airport Lounge; he was thereafter flown to Manila and detained at the NBI headquarters.
- The NBI and PNP charged more than one hundred suspects for the massacre.
- By DOJ Department Order No. 948 (November 27, 2009), a Special Panel of Prosecutors was created; murder informations against petitioner were filed and subpoenas issued the same day.
- On December 1, 2009, twenty-five murder informations were filed in RTC Cotabato City; on December 3, 2009, DOJ sought transfer of venue to Metro Manila, which the Supreme Court granted on December 8, 2009.
- Before transfer, the prosecution manifested (December 9, 2009) the filing of fifteen additional murder informations in Cotabato City RTC Branch 15.
- Following transfer, further informations were filed in QC RTC Branch 211; petitioner pleaded not guilty to forty-one murder charges upon arraignment on January 5, February 3, and July 28, 2010.
- On February 5, 2010, the Panel of Prosecutors issued a joint resolution charging 196 individuals, partly based on twin affidavits of Kenny Dalandag dated December 7, 2009.
- Dalandag was admitted into the DOJ Witness Protection Program on August 13, 2010, and listed as a prosecution witness in the QC RTC amended pre-trial order of September 7, 2010.
- Petitioner’s counsel wrote on October 14, October 22, and November 2, 2010, requesting that Dalandag be included as an accused; by letter of November 2, 2010, Secretary De Lima denied the request.
- On December 7, 2010, petitioner filed a petition for mandamus in RTC Manila (Civil Case No. 10-124777) to compel the prosecution to charge Dalandag as another accused.
Procedural History
- January 24, 2011: Pre-trial conference and pre-trial order issued by RTC Manila.
- February 1