Case Summary (G.R. No. 228509)
Antecedent Events
On August 10, 2008, an incident occurred involving civilians Hadja Nihma Alabain, her grandson Qamar Mujanil, among others, and military personnel led by Capt. Daquioag in Lamitan, Basilan. During the encounter, Francisco, one of the civilians, raised his hands and claimed they were civilians. Despite this, Capt. Daquioag's team opened fire, resulting in the death of Alviar, a civilian, and injuries to Palces, who was with the group. Following the event, an interrogation of the civilians ensued, leading to confiscation of their belongings.
Human Rights Complaint and Investigation
Subsequent to the shooting, Hadji and Hadja Alabain, along with the other implicated individuals, filed a complaint with the Commission on Human Rights (CHR) against Capt. Daquioag. The CHR found that Capt. Daquioag and his team had not verified their targets, concluding that the shooting was unjustifiable due to the civilian status of Alviar and his companions. This led to a referral of the case to the Office of the Ombudsman for further action.
Office of the Ombudsman Ruling
On November 27, 2009, the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (OMB-MOLEO) ruled against Capt. Daquioag, finding him guilty of grave misconduct and imposing a penalty of dismissal from service. The OMB-MOLEO emphasized substantial evidence, notably witness identification by Hadja Alabain. Furthermore, it dismissed Daquioag's claims of not being present as unconvincing, citing that the incident took place nearby.
Court of Appeals Affirmation
The CA upheld the Office of the Ombudsman decision on August 10, 2015, affirming the findings of grave misconduct. The CA stated that findings supported by substantial evidence are conclusive under the Ombudsman Act and that Capt. Daquioag was indeed the leader of the assault. The CA additionally found merit in the identification made by Hadja Alabain, thus rejecting Daquioag's motion for reconsideration.
Petition to the Supreme Court
In appealing to the Supreme Court, Capt. Daquioag contended that he was acting in his capacity as the Civil-Military Officer and was prohibited from engaging in combat. He presented affidavits from LtCol. Teodoro, asserting that Daquioag was not involved in the firefight, and emphasized the execution of a joint affidavit of desistance by the complainants, claiming it invalidated the administrative findings against him.
Supreme Court Ruling
The Supreme Court found merit in Capt. Daquioag's petition, stating that the CA and OMB-MOLEO had essentially based their conclusions on the identification made by Hadja Alabain without suffi
...continue readingCase Syllabus (G.R. No. 228509)
Case Information
- Citation: 865 Phil. 54
- Division: First Division
- Docket Number: G.R. No. 228509
- Date of Decision: October 14, 2019
- Petitioner: Captain Jomar B. Daquioag
- Respondents: Office of the Ombudsman and Hadji Salam M. Alabain
Background
- Captain Jomar B. Daquioag filed an Amended Petition or Review on Certiorari contesting the Decision dated August 10, 2015, and Resolution dated November 22, 2016, of the Court of Appeals (CA).
- The CA upheld the findings of the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (OMB-MOLEO), which found Capt. Daquioag guilty of grave misconduct and imposed a penalty of dismissal from service.
Antecedents
- On August 10, 2008, Hadja Nihma Alabain and others encountered Philippine Marine soldiers under Capt. Daquioag while returning home from a farm.
- A confrontation ensued, resulting in the death of Robert Alviar and minor injuries to Jaivin Palces.
- Witnesses reported that the soldiers fired upon the civilians despite them identifying themselves as non-combatants.
- Following the incident, a complaint was filed with the Commission on Human Rights (CHR), which recommended further action against Capt. Daquioag.
Ruling of the OMB-MOLEO
- The OMB-MOLEO found Capt. Daquioag guilty of grave misconduct on