Case Summary (G.R. No. 151911)
Procedural History
The case is characterized by two consolidated petitions filed under Rule 65 of the 1997 Rules on Civil Procedure, with G.R. No. 151911 seeking to annul the Sandiganbayan's resolution on October 24, 2001, which granted the accused's motion for a new trial. G.R. No. 154535 was filed by Nestor Domacena, aiming to nullify the Sandiganbayan's April 12, 2002 resolution denying his motion to dismiss. Notably, the outcome of these petitions was significantly influenced by Domacena's death, leading to dismissals concerning his claims.
Background of the Incident
The shooting incident in question involved a composite team of Philippine Constabulary and Integrated National Police, who allegedly fired upon civilians during a military operation, resulting in the death of Amante Payumo and injuries to others. Subsequent indictments for Murder with Multiple Frustrated and Attempted Murder ensued against several accused. The trial commenced, during which defenses of lawful performance of duty, self-defense, mistake of fact, and alibi were claimed by the accused.
Judicial Proceedings and Initial Ruling
After a lengthy trial of four years, the Sandiganbayan convicted the accused in a decision dated October 5, 1984. Following the conviction, several motions for reconsideration and a motion for a new trial were filed, the latter citing errors of law and procedural due process violations. The case was subsequently appealed to the Supreme Court, which, on May 29, 1987, granted a new trial, leading to its re-examination.
Developments Following the New Trial
The remand for a new trial resulted in a significant ruling on November 27, 1998, wherein the Fifth Division convicted the accused again for the same charges. However, following various motions filed by the accused, including a Comprehensive Omnibus Motion to Set Aside the judgment, the Sandiganbayan's Special Fifth Division issued a resolution on October 24, 2001, nullifying the earlier conviction and granting a second new trial based on claims of procedural irregularities and the alleged tainting of witness testimonies.
Issues Raised
Petitioners challenged the Special Fifth Division's action, arguing whether it acted outside its jurisdiction by granting a new trial and nullifying the November 27, 1998 decision, as well as questioning whether the actions of the Ombudsman and Office of the Special Prosecutor (OSP) constituted negligence in failing to oppose the motion for a new trial.
Court’s Analysis and Rulings
The Supreme Court found merit in the petition for certiorari, asserting that the Special Fifth Division exceeded its jurisdiction in nullifying the prior conviction and granting a new trial without sufficient legal basis. The court emphasized t
...continue readingCase Syllabus (G.R. No. 151911)
Background and Procedural History
- Two consolidated petitions (G.R. Nos. 151911 and 154535) were filed under Rule 65 of the 1997 Rules on Civil Procedure.
- The petitions involve the case of People of the Philippines vs. Domiciano Cabigao et al. (Criminal Case No. 4219) for Murder with Multiple Frustrated and Attempted Murder.
- G.R. No. 151911 sought to reverse the October 24, 2001 resolution granting a new trial.
- G.R. No. 154535 filed by accused Nestor Domacena sought to nullify the denial of his motion to dismiss but was dismissed following Domacena's death.
Facts of the Case
- Incident occurred on February 26, 1980, during which a composite military and police team fired upon a group of civilians in Sitio Aluag, Barangay Sta. Barbara, Zambales.
- The shooting instantly killed Amante Payumo and wounded six others.
- Nine individuals, including Domiciano Cabigao and Nestor Domacena, were indicted for murder with multiple frustrated and attempted murder charges.
- The accused denied the charges, asserting defense of lawful performance of duty and self-defense.
Trial Proceedings and Initial Judgment
- The Sandiganbayan Second Division convicted the accused on October 5, 1984, sentencing them to reclusion perpetua and ordering indemnities to victims and heirs.
- Motions for reconsideration and new trial by the accused were initially denied due to jurisdictional issues pending appeal to the Supreme Court.
- The Supreme Court granted the petition for review on certiorari in 1987, setting aside the Sandiganbayan decision and remanding the case for a new trial.
Conduct of New Trial and Subsequent Proceedings
- The new trial was conducted de novo before the First Division of the Sandiganbayan; evidence was presented anew except for some prosecution witnesses' testimonies admitted through motions due to unavailability.
- Criminal Case No. 4219 was eventually transferred to the Fifth Division.
- On November 27, 1998, the Fifth Division convicted the accused again, imposing reclusion perpetua and additional indemnities.
- Following motions for new trial by the accused, the Special Fifth Division granted a second new trial on October 24, 2001, citing procedural irregularities and the invalidity of the November 27, 1998 decision due to the ponente's transfer to another division before promulgation