Manzano v. Carpio-Morales

THIRD DIVISION

[G.R. No. 199462. November 18, 2013.]

JENNIFER ELOISE V. MANZANO AND MONIQUE CU-UNJIENG LA'O, petitioners, vs. HON. CONCHITA CARPIO-MORALES, IN HER CAPACITY AS OMBUDSMAN; HON. ORLANDO CASIMIRO IN HIS CAPACITY AS OVERALL DEPUTY OMBUDSMAN; HON. DANILO A. BUEMIO, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF PASIG CITY, BRANCH 265; P/CSUPT. AUGUSTO P. ANGCANAN, JR.; P/SINSP. HANSEL M. MARANTAN; P/SINSP. SAMSON B. BELMONTE; PO3 RIZALITO SM RAMOS, JR.; PO3 LLOYD F. SORIA; P/INSP. HENRY R. CERDON; PO2 JESUS M. FERMIN; PO2 DEXTER M. BERNADAS; PO2 SONNY R. ROBRIGADO; PO2 FERNANDO RAY S. GAPUZ; AND PO1 JOSIL REY LUCENA, respondents.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Third Division, issued a Resolution dated November 18, 2013, which reads as follows:

"G.R. No. 199462 — (Jennifer Eloise V. Manzano and Monique Cu-Unjieng La'o v. Hon. Conchita Carpio-Morales, in her capacity as Ombudsman; Hon. Orlando Casimiro in his capacity as Overall Deputy Ombudsman; Hon. Danilo A. Buemio, in his capacity as Presiding Judge of the Regional Trial Court of Pasig City, Branch 265; P/CSupt. Augusto P. Angcanan, Jr.; P/SInsp. Hansel M. Marantan; P/SInsp. Samson B. Belmonte; PO3 Rizalito SM Ramos, Jr.; PO3 Lloyd F. Soria; P/Insp. Henry R. Cerdon; PO2 Jesus M. Fermin; PO2 Dexter M. Bernadas; PO2 Sonny R. Robrigado; PO2 Fernando Ray S. Gapuz; and PO1 Josil Rey Lucena.) — On November 7, 2005, at around 10:40 o'clock in the evening, Anton Cu-Unjieng (Anton), Francis Xavier Manzano (Francis) and Brian Anthony Dulay (Brian), were shot and killed by police officers, all members of the Philippine National Police-Traffic Management Group (PNP-TMG), in front of the AIC Gold Tower in Ortigas Center. A television crew from UNTV 37 happened to be in the area at that time and was able to film the incident. The footage was broadcast on national television. SDTIaE

The Commission on Human Rights (CHR) investigated the incident. In its Resolution, dated May 26, 2006, based on testimonies; the unedited video footage of UNTV; and the report of Dr. Raquel Fortun (Dr. Fortun), a forensic expert, the CHR found that there was probable cause that the respondent police officers, except P/CSupt. Angusto P. Angcanan (Angcanan), committed arbitrary deprivation of life (multiple murder) against the three (3) victims. The Resolution and the records of the case were ordered endorsed to the Office of the Ombudsman (OMB) for criminal action, and to the NAPOLCOM, PNP and DILG for administrative actions.

Petitioner Jennifer Manzano (Jennifer), sister of victim Francis Xavier Manzano, filed a criminal complaint for Murder against respondent police officers, while the OMB filed a criminal complaint for Homicide against five (5) 1 of the eleven (11) respondent police officers.

The complainants alleged that while the victims were traversing Garnet Street in a maroon Nissan Exalta, they were flagged down by a group led by respondent P/Insp. Henry R. Cerdon (Cerdon) in a police patrol car, for allegedly committing a traffic violation. When they did not stop, they were chased and overtaken by other TMG operatives in civilian clothes, led by respondent of P/Insp. Hansel M. Marantan (Marantan) in a silver Toyota Revo. Marantan's group alighted from the vehicle and opened fire on the victims. After the initial volley, Marantan approached the Nissan Exalta and fired more shots at close range at the heads of Anton and Francis, which were unnecessary and excessive considering that they were already injured.

Respondent police officers, on the other hand, countered that Marantan received information that the Valle Verde Carjacking Group, whose members would be armed and under the influence of drugs, was going to stage an operation in the Ortigas area using a maroon Nissan Exalta with plate number XDD-828. At 9:30 o'clock in the evening, Cerdon reported to Marantan that the Nissan Exalta was spotted in front of Starbucks at Metrowalk. The respondent police officers conducted a surveillance and saw the three-Anton, Francis and Brian-drinking coffee. The three men left and the respondents followed them. When the Nissan Exalta made an unauthorized U-Turn, Cerdon signaled for it to stop using the patrol car's siren and blinker. The Nissan Exalta accelerated but Cerdon's group was able to overtake them along Garnet Road. Respondent Cerdon alighted from the patrol car to accost the victims but the Nissan Exalta sped off toward ADB Avenue.

Marantan decided to take charge and directed his team, composed of P/S Insp. Samson. B. Belmonte (Belmonte), PO3 Lloyd F. Soria (Soria) and PO2 Dexter M. Bernadas (Bernadas), to overtake the vehicle. Belmonte alighted from the Revo, identified himself as a police officer and ordered the occupants to alight. The Nissan Exalta was behind by about 4-5 meters. Then the occupants fired at Belmonte. An exchange of gunfire followed. After the first exchange, Belmonte was shot and then brought to the hospital. Cerdon and his team secured the area. Marantan and his team approached the Nissan Exalta and opened the front passenger door where he noticed Brian still holding a firearm; Anton holding something he presumed to be a grenade; and Francis holding a machine pistol. Marantan shouted "Armed!" and fired one shot at Anton and three shots at Francis. Two guns and a sachet of shabu were recovered from the Nissan Exalta. In sum, police officers invoked self-defense. IcTEAD

On January 6, 2009, the OMB rendered the assailed Resolution 2 finding probable cause against Marantan and his group, Belmonte, Ramos, Soria, and Bernadas, for three (3) counts of Homicide, and ordering the criminal complaints against respondent Angcanan Cerdon and his group, PO2 Jesus Fermin (Fermin), PO3 Sonny R. Robrigado (Robrigado), PO2 Fernando Rey S. Gapuz (Gapuz), and PO1 Josil Rey Lucena (Lucena) dismissed for lack of probable cause.

The OMB pointed out that Marantan's group had admitted having shot at the victims in the process of defending themselves. They, however, failed to adduce proof that the unlawful aggression was initiated by the victims. Even if the victims were in possession of guns and drugs were found in their car those were not concrete proof that they fired the first shot. Based on the report of Dr. Fortun, Belmonte's wound was self-inflicted, the paraffin testing of the victims for gunshot residue was contaminated, and it was illogical for the victims to have fired from inside the Nissan Exalta with its doors and windows closed.

The OMB explained that the charge of Murder was downgraded to Homicide because the qualifying elements were not found to be present in the case. There was no treachery because a car chase preceded the encounter, thus, the victims were aware that the police officer could harm them and it was possible for them to escape and defend themselves. There was no evident premeditation because there was no evidence to show that the police officers planned to kill the victims. There was no abuse of superior strength because superiority in number does not necessarily amount to taking advantage of superior strength. There was no cruelty because the extra shots were not intended to prolong the suffering of the victims.

The prosecutor dismissed the charges against Cerdon and his group because it was not sufficiently established that they conspired with Marantan's group. Moreover, there was no evidence that any of their firearms was fired. There was no evidence either for probable cause against respondent Angcanan as conspirator because the doctrine of command responsibility would only find application for the purpose of administrative sanctions.

Motions for reconsideration were filed by respondent police officers and the CHR, which were denied by the OMB in its assailed Order, 3 dated May 31, 2011. cCSDTI

On October 10, 2011, the OMB filed the three (3) Informations for Homicide, dated January 6, 2009, with the Regional Trial Court of Pasig City (RTC). On the same day, Bernadas filed an omnibus motion to dismiss the homicide cases for lack of probable cause and to quash the Informations before the RTC.

On October 12, 2011, Marantan, Belmonte, Ramos, and Soria filed a petition for certiorari with this Court against the OMB, assailing its said Resolution and Order, docketed as G.R. No. 198685.

On October 21, 2011, respondent Judy Danilo A. Buemio issued an order giving the parties time to file their comments to the Omnibus Motion. On October 25, 2011, Marantan, Belmonte, Ramos, and Soria filed their Urgent Manifestation Ad Cautelam Ex Abundanti with the RTC adopting the Omnibus Motion of Bernadas.

Hence, this petition anchored on the following:

ARGUMENTS:

1. The OMB acted without or in excess of its jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, in issuing the assailed Resolution, Order and Informations;

2. The OMB unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes the petitioners from the use and enjoyment of rights to which they are entitled.

3. There is no appear, or any plain, speedy, and adequate remedy in the ordinary court of law other than this petition;

4. The Presiding Judge of the RTC be restrained or enjoined from conducting further proceedings while this petition is pending final determination by this Court.

The petition is DENIED. aICcHA

Jurisprudence is replete with cases holding that the authority to represent the State in appeals of criminal cases before the CA and the Court is solely vested in the Office of the Solicitor General (OSG). 4 Section 35, Chapter 12, Title III, Book IV of the Administrative Code of 1987 explicitly mandates the OSG to represent the Government of the Philippines in all criminal proceedings before the Court and the CA.

In the case at bench, the petitioners question the resolution of the OMB, ordering the filing of the information for homicide against the accused police officers. They filed the petition for certiorari arguing that the proper crime was not homicide but murder. Clearly, their interest in the case is purely on its criminal aspect. As such, the petition should be dismissed as the petitioners have no legal standing to appeal the resolution of the OMB.

This disposition is, however, without prejudice to any motion for reconsideration filed with the OMB. (Abad, J., designated as Acting Chairperson, Perez, J., and Perlas-Bernabe, J., as Acting Members of the Third Division per Special Order Nos. 1587, 1588 and 1593 respectively, all dated November 12, 2013 in lieu of Velasco, Jr., J., and Peralta, J., who are both on official trip to Bangkok, Thailand to attend the Third ASEAN Chief Justices' Roundtable on the Environment on November 15 to 18, 2013)

SO ORDERED."

Very truly yours,

(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court

Footnotes

1. P/SInsp. Hansel M. Marantan, P/SInsp. Samson B. Belmonte, PO3 Rizalito SM Ramos, PO3 Lloyd F. Soria, and PO2 Dexter M. Bernadas.

2. Rollo, pp. 47-61.

3. Id. at 70-76.

4. Heirs of Federico Delgado v. Gonzales, G.R. No. 184337, August 7, 2009, 595 SCRA 501, 524, citing Cariño v. De Castro, 576 Phil. 634 (2008).