G.R. No. 149453 - People vs. Lacson

Case Summary (G.R. No. 149453)

Factual Background

On May 18, 1995 eleven purported members of the Kuratong Baleleng Gang were killed near the Commonwealth Avenue fly-over in Quezon City. Within days, SPO2 Eduardo de los Reyes and CIC investigator SPO2 Corazon dela Cruz executed affidavits asserting that the killings were summary executions following arrest, and a reporter, Armando Capili, executed an affidavit concerning the arrests. On June 1, 1995 Chief Superintendent Job A. Mayo filed murder charges with the Office of the Ombudsman against ninety-seven officers and personnel of the Anti-Bank Robbery and Intelligence Task Force Group. The Ombudsman returned an initial recommendation of dismissal but a review panel found probable cause and on November 2, 1995 informations for murder were filed in the Sandiganbayan against twenty-six officers, including Panfilo M. Lacson.

Procedural History at the Ombudsman and Sandiganbayan

The original eleven informations were filed in the Sandiganbayan as Criminal Cases Nos. 23047 to 23057 against twenty-six accused, all charged as principals. The cases were remanded to the Ombudsman for reinvestigation following a motion by Lacson, and Amended Informations were filed on March 1, 1996 reducing Lacson from principal to accessory. Thereafter Lacson successfully questioned the Sandiganbayan’s jurisdiction under then-prevailing R.A. No. 7975, and the cases were ordered transferred to the Regional Trial Court.

Remand to RTC and Dismissal by Judge Agnir

The transferred cases were raffled to RTC Quezon City, Branch 81, and re-docketed as Criminal Cases Nos. Q-99-81679 to Q-99-81689. Before arraignment, principal prosecution witnesses recanted and several private complainants executed affidavits of desistance. On March 22, 1999 Judge Agnir conducted a hearing that appears to have received the affidavits and limited testimony. On March 29, 1999 Judge Agnir issued a Resolution dismissing the informations for lack of probable cause, stating that the recantations and desistance rendered the supporting documents meaningless and that no evidence remained to hold the accused for trial.

Post-Dismissal Developments and Legislative Amendments

While these matters proceeded, R.A. No. 8249 took effect on February 23, 1997 amending R.A. No. 7975 by deleting the word principal in Section 2 and thereby expanding Sandiganbayan jurisdiction to include cases where at least one accused of Salary Grade 27 or higher was involved. Lacson challenged the amendment’s constitutionality in Lacson v. Executive Secretary; the Court dismissed the constitutional challenge but ordered transfer of the cases back to the RTC because the Amended Informations failed to allege that the offenses were committed in relation to official functions as required by R.A. No. 8249.

Reinvestigation and the 2001 Filings

On March 27, 2001 the PNP Chief endorsed new affidavits to the Department of Justice, prompting the Secretary of Justice to form an investigative panel. Lacson and others were subpoenaed in April 2001. On May 28, 2001 Lacson filed a petition for prohibition with application for temporary restraining order and/or writ of preliminary injunction in RTC Manila, Branch 40, to enjoin the preliminary investigation, invoking among other grounds the constitutional protection against double jeopardy. Judge Pasamba denied the TRO on June 5, 2001. On June 6, 2001 eleven new informations for murder were filed in RTC Quezon City and docketed as Criminal Cases Nos. 01-101102 to 01-101112, charging thirty-four principals, including Lacson and many of the previously charged co-accused.

Proceedings in the Court of Appeals

Lacson filed a petition for certiorari in the Court of Appeals challenging Judge Pasamba’s order, the reissuance of informations, and the conduct of State prosecutors. The petition, amended and admitted, contended that the reinvestigation and refiling were barred by procedural rules including Section 8, Rule 117, and that the trial judge and prosecutors had committed grave abuse of discretion. The Court of Appeals issued a temporary restraining order against further proceedings in the new RTC Quezon City cases.

Court of Appeals Decision and Its Rationale

On August 24, 2001 the Court of Appeals characterized Judge Agnir’s March 29, 1999 dismissal as a provisional dismissal and deemed the June 6, 2001 informations as mere revivals of the dismissed cases. Applying Section 8, Rule 117, which provides that provisional dismissal of offenses punishable by more than six years becomes permanent two years after the order if not revived, the Court of Appeals concluded that the attempt to revive the cases commenced only on April 19, 2001 and thus occurred more than two years after March 29, 1999. The Court of Appeals accordingly made the TRO permanent, declared void the proceedings by the State prosecutors, and ordered dismissal of the Criminal Cases Nos. 01-101102 to 01-101112 insofar as they charged Panfilo M. Lacson.

Issue Presented to the Supreme Court

The central issue before the Supreme Court was whether Section 8, Rule 117 barred the filing of the eleven informations against Lacson that sought to revive the dismissed multiple-murder cases. The Supreme Court acknowledged that the new rule could be retroactively applied but found that factual determinations were necessary before it could rule on the rule’s applicability.

Supreme Court’s Analysis and Need for Factual Development

The Supreme Court identified four factual matters that required proof before applying Section 8, Rule 117: (1) whether the provisional dismissal had the express consent of the accused; (2) whether the court ordered dismissal after notice to the offended parties; (3) whether the two-year period to revive had lapsed; and (4) whether there was justification for filing the cases beyond the two-year period. The Court found beyond doubt that the dismissal bore Lacson’s express consent because he had moved to dismiss for lack of probable cause. The Court found the record inconclusive on whether notice to all offended parties preceded Judge Agnir’s dismissal, noting contradictions between the judge’s resolution and the Court of Appeals’ factual statement. The Court further observed that the parties had not litigated notice or Section 8’s applicability at the trial court, and that the Court of Appeals resolved the matter without requiring factual elucidation.

Disposition and Orders

The Supreme Court remanded the case to RTC

Case Syllabus (G.R. No. 149453)

Parties and Procedural Posture

People of the Philippines, et al. filed a petition for review on certiorari seeking to reverse the Court of Appeals Decision that granted the Second Amended Petition for Prohibition of Panfilo M. Lacson.
The appealed Decision of the Court of Appeals enjoined proceedings in Criminal Cases Nos. 01-101102 to 01-101112 pending before Branch 81 of the Regional Trial Court, Quezon City.
The proceedings below involved orders of Judge Herminia V. Pasamba of the Regional Trial Court of Manila, Branch 40, and Judge Ma. Theresa L. Yadao of the Regional Trial Court of Quezon City, Branch 81.
The criminal matters originated from Informations previously filed in the Sandiganbayan and later re-docketed in the RTC as Criminal Cases Nos. Q-99-81679 to Q-99-81689.
The petition required the Supreme Court to determine the applicability of Section 8, Rule 117, Rules of Criminal Procedure to the attempted revival of the dismissed murder cases.

Key Factual Allegations

On May 18, 1995, PNP Director-General Recaredo Sarmiento II announced the killing of eleven members of the Kuratong Baleleng Gang in what was reported as a shootout.
SPO2 Eduardo de los Reyes executed an affidavit alleging the killings were a rub-out by members of a composite police team called ABRITFG and implicated elements including units headed by then PACC chief Panfilo M. Lacson.
SPO2 Corazon dela Cruz and reporter Armando Capili executed affidavits corroborating material allegations of de los Reyes concerning arrests at Superville Subdivision and subsequent killings on Commonwealth Avenue.
The Ombudsman filed eleven Informations for murder against Panfilo M. Lacson and twenty-five others as principals on November 2, 1995.
Several prosecution witnesses later recanted and several private offended parties executed affidavits of desistance prior to arraignment before the RTC-Quezon City.

Procedural History

An Ombudsman panel initially recommended dismissal but a review panel found probable cause, leading to the filing of Informations in the Sandiganbayan in 1995.
The cases were remanded for reinvestigation and Amended Informations were filed on March 1, 1996, downgrading Lacson from principal to accessory.
The Sandiganbayan transferred the cases to the RTC due to jurisdictional issues arising from R.A. No. 7975 and the subsequent amendment by R.A. No. 8249 and this Court's ruling in Lacson v. Executive Secretary.
The RTC-Quezon City, Branch 81, presided by Judge Wenceslao Agnir, Jr., conducted hearings and dismissed Criminal Cases Nos. Q-99-81679 to Q-99-81689 for lack of probable cause on March 29, 1999.
New affidavits in 2001 prompted a DOJ reinvestigation, a denied TRO by RTC-Manila Branch 40 on June 5, 2001, and the filing of new Informations on June 6, 2001 as Criminal Cases Nos. 01-101102 to 01-101112 before RTC-Quezon City, Branch 81.
Panfilo M. Lacson filed certiorari in the Court of Appeals, which issued a TRO and on August 24, 2001 rendered a Decision permanently enjoining further proceedings and dismissing the June 6, 2001 Informations.

Issues Presented

Whether Section 8, Rule 117 bars the filing of the eleven Informations for murder against Panfilo M. Lacson.
Whether the provisional dismissal of the cases bore the express consent of the accused as required by Section 8, Rule 117.
Whether the offended parties received notice prior to the provisional dismissal.
Whether the two-year prescriptive period to re