"xxx.
Dismissal of the Criminal Cases
The prosecution claims that Judge Yadao gravely abused her discretion when she set the motions for determination of probable cause for hearing, deferred the issuance of warrants of arrest, and allowed the defense to mark its evidence and argue its case. The prosecution stresses that under Section 6, Rule 112 of the Rules of Court Judge Yadao’s duty was to determine probable cause for the purpose of issuing the arrest warrants solely on the basis of the investigating prosecutor’s resolution as well as the informations and their supporting documents. And, if she had some doubts as to the existence of probable cause, the rules required her to order the investigating prosecutor to present additional evidence to support the finding of probable cause within five days from notice.
Rather than take limited action, said the prosecution, Judge Yadao dug up and adopted the Ombudsman’s findings when the latter conducted its preliminary investigation of the crime of robbery in 1996. Judge Yadao gave weight to the affidavits submitted in that earlier preliminary investigation when such documents are proper for presentation during the trial of the cases. The prosecution added that the affidavits of P/S Insp. Abelardo Ramos and SPO1 Wilmor B. Medes reasonably explained the prior inconsistent affidavits they submitted before the Ombudsman.
The general rule of course is that the judge is not required, when determining probable cause for the issuance of warrants of arrests, to conduct a de novo hearing. The judge only needs to personally review the initial determination of the prosecutor finding a probable cause to see if it is supported by substantial evidence.13
But here, the prosecution conceded that their own witnesses tried to explain in their new affidavits the inconsistent statements that they earlier submitted to the Office of the Ombudsman. Consequently, it was not unreasonable for Judge Yadao, for the purpose of determining probable cause based on those affidavits, to hold a hearing and examine the inconsistent statements and related documents that the witnesses themselves brought up and were part of the records. Besides, she received no new evidence from the respondents.14
The public prosecutor submitted the following affidavits and documents along with the criminal informations to enable Judge Yadao to determine the presence of probable cause against the respondents:
1. P/Insp. Ysmael S. Yu’s affidavit of March 24, 200115 in which he said that on May 17, 1995 respondent Canson, NCR Command Head, ordered him to form two teams that would go after suspected Kuratong Baleleng Gang members who were seen at the Superville Subdivision in Parañaque City. Yu headed the assault team while Marlon Sapla headed the perimeter defense. After the police team apprehended eight men inside the safe house, it turned them over to their investigating unit. The following day, Yu just learned that the men and three others were killed in a shoot-out with the police in Commonwealth Avenue in Quezon City.
2. P/S Insp. Abelardo Ramos’ affidavit of March 24, 200116 in which he said that he was part of the perimeter defense during the Superville operation. After the assault team apprehended eight male suspects, it brought them to Camp Crame in two vans. Ramos then went to the office of respondent Zubia, TMC Head, where he saw respondents Lacson, Acop, Laureles, Villacorte and other police officers.
According to Ramos, Zubia said that the eight suspects were to be brought to Commonwealth Avenue and killed in a supposed shoot-out and that this action had been cleared with higher authorities, to which remark Lacson nodded as a sign of approval. Before Ramos left the meeting, Lacson supposedly told him, "baka may mabuhay pa diyan." Ramos then boarded an L-300 van with his men and four male suspects. In the early morning of May 18, 1995, they executed the plan and gunned down the suspects. A few minutes later, P/S Insp. Glenn G. Dumlao and his men arrived and claimed responsibility for the incident.
3. SPO1 Wilmor B. Medes’ affidavit of April 24, 200117 in which he corroborated Ramos’ statements. Medes said that he belonged to the same team that arrested the eight male suspects. He drove the L-300 van in going to Commonwealth Avenue where the suspects were killed.
4. Mario C. Enad’s affidavit of August 8, 199518 in which he claimed having served as TMC civilian agent. At around noon of May 17, 1995, he went to Superville Subdivision together with respondents Dumlao, Tannagan, and Nuas. Dumlao told Enad to stay in the car and observe what went on in the house under surveillance. Later that night, other police officers arrived and apprehended the men in the house. Enad went in and saw six men lying on the floor while the others were handcuffed. Enad and his companions left Sucat in the early morning of May 18, 1995. He fell asleep along the way but was awaken by gunshots. He saw Dumlao and other police officers fire their guns at the L-300 van containing the apprehended suspects.
5. SPO2 Noel P. Seno’s affidavit of May 31, 200119 in which he corroborated what Ramos said. Seno claimed that he was part of the advance party in Superville Subdivision and was also in Commonwealth Avenue when the suspected members of the Kuratong Baleleng Gang were killed.
6. The PNP ABRITG After Operations Report of May 31, 199520 which narrated the events that took place on May 17 and 18, 1995. This report was submitted by Lacson, Zubia, Acop and Canson.
7. The PNP Medico-Legal Reports21 which stated that the suspected members of the Kuratong Baleleng Gang tested negative for gunpowder nitrates.
The Court agrees with Judge Yadao that the above affidavits and reports, taken together with the other documents of record, fail to establish probable cause against the respondents.
First. Evidently, the case against respondents rests on the testimony of Ramos, corroborated by those of Medes, Enad, and Seno, who supposedly heard the commanders of the various units plan the killing of the Kuratong Baleleng Gang members somewhere in Commonwealth Avenue in Quezon City and actually execute such plan. Yu’s testimony is limited to the capture of the gang members and goes no further. He did not see them killed.
Second. Respecting the testimonies of Ramos, Medes, Enad, and Seno, the prosecution’s own evidence—the PNP ABRITG’s After Operations Report of May 31, 1995—shows that these men took no part in the operations against the Kuratong Baleleng Gang members. The report included a comprehensive list of police personnel from Task Force Habagat (Lacson), Traffic Management Command (Zubia), Criminal Investigation Command (Acop), and National Capital Region Command (Canson) who were involved. The names of Ramos, Medes, Enad, and Seno were not on that list. Notably, only Yu’s name, among the new set of witnesses, was on that list. Since an after-battle report usually serves as basis for commendations and promotions, any omitted name would hardly have gone unchallenged.
Third. Ramos, whose story appeared to be the most significant evidence against the respondents, submitted in the course of the preliminary investigation that the Office of the Ombudsman conducted in a related robbery charge against the police officers involved a counter-affidavit. He claimed in that counter-affidavit that he was neither in Superville Subdivision nor Commonwealth Avenue during the Kuratong Baleleng operations since he was in Bulacan on May 17, 1995 and at his home on May 18.22 Notably, Medes claimed in a joint counter-affidavit that he was on duty at the TMC headquarters at Camp Crame on May 17 and 18.23
Fourth. The Office of the Ombudsman, looking at the whole picture and giving credence to Ramos and Medes’ statements, dismissed the robbery case. More, it excluded Ramos from the group of officers that it charged with the murder of the suspected members of the Kuratong Baleleng Gang. Under the circumstances, the Court cannot be less skeptical than Judge Yadao was in doubting the sudden reversal after six years of testimony of these witnesses.
Of course, Yu may have taken part in the subject operation but, as he narrated, his role was limited to cornering and arresting the suspected Kuratong Baleleng Gang members at their safe house in Superville Subdivision. After his team turned the suspects over to an investigating unit, he no longer knew what happened to them.
Fifth. True, the PNP Medico-Legal Reports showed that the Kuratong Baleleng Gang members tested negative for gunpowder nitrates. But this finding cannot have any legal significance for the purpose of the preliminary investigation of the murder cases against the respondents absent sufficient proof that they probably took part in gunning those gang members down.
The prosecution points out that, rather than dismiss the criminal action outright, Judge Yadao should have ordered the panel of prosecutors to present additional evidence pursuant to Section 6, Rule 112 of the Rules of Court which provides:
Sec. 6. When warrant of arrest may issue. – (a) By the Regional Trial Court. – Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule. In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint of information.
Section 6, Rule 112 of the Rules of Court gives the trial court three options upon the filing of the criminal information: (1) dismiss the case if the evidence on record clearly failed to establish probable cause; (2) issue a warrant of arrest if it finds probable cause; and (3) order the prosecutor to present additional evidence within five days from notice in case of doubt as to the existence of probable cause.24
But the option to order the prosecutor to present additional evidence is not mandatory. The court’s first option under the above is for it to "immediately dismiss the case if the evidence on record clearly fails to establish probable cause." That is the situation here: the evidence on record clearly fails to establish probable cause against the respondents.
It is only "in case of doubt on the existence of probable cause" that the judge may order the prosecutor to present additional evidence within five days from notice. But that is not the case here. Discounting the affidavits of Ramos, Medes, Enad, and Seno, nothing is left in the record that presents some doubtful probability that respondents committed the crime charged. PNP Director Leandro Mendoza sought the revival of the cases in 2001, six years after it happened. It would have been ridiculous to entertain the belief that the police could produce new witnesses in the five days required of the prosecution by the rules.
In the absence of probable cause to indict respondents for the crime of multiple murder, they should be insulated from the tribulations, expenses and anxiety of a public trial.25
Xxx. "
G.R. Nos. 162144-54
November 13, 2012
PEOPLE OF THE PHILIPPINES, Petitioner,
vs.
HON. MA. THERESA L. DELA TORRE- YADAO, in her capacity as Presiding Judge, Branch 81, Regional Trial Court of Quezon City, HON. MA. NATIVIDAD M. DIZON, in her capacity as Executive Judge of the Regional Trial Court of Quezon City, PANFILO M. LACSON, JEWEL F. CANSON, ROMEO M. ACOP, FRANCISCO G. ZUBIA, JR., MICHAEL RAY B. AQUINO, CEZAR O. MANCAO II, ZOROBABEL S. LAURELES, GLENN G. DUMLAO, ALMARIO A. HILARIO, JOSE ERWIN T. VILLACORTE, GIL C. MENESES, ROLANDO ANDUYAN, JOSELITO T. ESQUIVEL, RICARDO G. DANDAN, CEASAR TANNAGAN, VICENTE P. ARNADO, ROBERTO T. LANGCAUON, ANGELITO N. CAISIP, ANTONIO FRIAS, CICERO S. BACOLOD, WILLY NUAS, JUANITO B. MANAOIS, VIRGILIO V. PARAGAS, ROLANDO R. JIMENEZ, CECILIO T. MORITO, REYNALDO C. LAS PINAS, WILFREDO G CUARTERO, ROBERTO O. AGBALOG, OSMUNDO B. CARINO, NORBERTO LASAGA, LEONARDO GLORIA, ALEJANDRO G LIWANAG, ELMER FERRER and ROMY CRUZ, Respondents.
