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• In January 1987, farmers and their sympathizers presented

their demands for what they called "genuine agrarian

• The KMP, led by Jaime Tadeo, presented their problems and

demands such as:
1. giving lands for free to farmers
2. zero retention of lands by landlords
3. stop amortizations of land payments

• On January 20, 1987, Tadeo met with MAR Minister

Heherson Alvarez

• On January 22, 1987, following a heated discussion

between Alvarez and Tadeo, Tadeo's group decided to
march to Malacanang to air their demands

• On their march to Malacanang, they were joined by Kilusang

Mayo Uno (KMU), Bagong Alyansang Makabayan (BAYAN),
League of Filipino Students (LFS), and Kongreso ng
Pagkakaisa ng Maralitang Lungsod (KPML)

• The marchers numbered about 10,000 to 15,000

at around 4:30 pm from CM Recto, they
proceeded toward the police lines. No dialogue
took place; "pandemonium broke loose"
• On January 22 1987, then President Corazon C. Aquino issued A.O. 11
which created the Citizens’ Mendiola Commission
Purpose: to conduct an investigation of the disorder, deaths, and
casualties that took place and submit its report and
• Composition:
1. Retired SC Justice Vicente Abad Santos (chairman)
2. Retired SC Justice Jose Y. Feria
3. Mr. Antonio U. Miranda
• The "Citizens' Mendiola Commission" submitted its report on the
incident on February 27, 1987 as follows:

1. The march did not have any permit

2. The police and military were armed with handguns prohibited by law
3. The security men assigned to protect the government units were in civilian
attire (prohibited by law)
4. There was unnecessary firing by the police and military
5. offensive weapons carried and used by the marchers are
prohibited by law
6. It is not clear who started the firing
7. The water cannons and tear gas were not put into effective use
to disperse the crowd; the water cannons and fire trucks were
not put into operation because:
• there was no order to use them
• they were incorrectly prepositioned
• they were out of range of the marchers
• The Commission recommended the criminal prosecution of
four unidentified, uniformed individuals shown either on
tape or in pictures, firing at the direction of the marchers.

• The Commission also recommended that all the

commissioned officers of both the WPD and INP Field Force
who were armed be prosecuted.
• Prosecution of the marchers was also recommended

• Tadeo be prosecuted both for holding the rally without permit and for inciting

• Administrative sanctions were recommended for the following officers for their
failure to make effective use of their skill and experience in directing the dispersal
operations in Mendiola:
 Gen. Ramon E. Montaño (CAPCOM Commander)
 Police Gen. Alfredo S. Lim (Police Brigadier of WPD)
 Police Gen. Edgar Dula Torres (Deputy Superintendent of WPD)
 Police Maj. Demetrio Dela Cruz (INP Field Force)
 Col. Cezar Nazareno (Task Force Nazareno)
 Maj. Filemon Gasmin (Marine CDC Batallion)
• Last and most important recommendation: for the deceased and
wounded victims to be compensated by the government
• It was this portion that petitioners (Caylao group) invoke in their claim for
damages from the government
• No concrete form of compensation was received by the victims

• On January, 1988, petitioners instituted an action for damages

against the Republic of the Philippines, together with the military
officers, and personnel involved in the Mendiola incident
• Solicitor general filed a Motion to Dismiss on the ground that the State
cannot be sued without its consent

• Petitioners said that the State has waived its immunity from suit and
dismissal of the instant action is contrary to both Constitution and Int’l law
on Human Rights

• Judge Sandoval dismissed the case on the ground that there was no such

• Motion for Reconsideration was also denied

(1) WON the State has validly waived its immunity from suit
(2) WON the State is liable for damages
• Principle of immunity of the government from suit is provided in
Art. 16, Sec. 3 of the Constitution

• Basis: sovereignty and no legal ground against authority that

makes the law

• A.O. 11's purpose of creating the Commission was to create a

fact-finding body

• Commission's recommendation serves as a cause of action

• Ultimate liability does not pertain to the government

• Lack of justification in the use of firearms

• Unnecessary firing in dispersing the marchers

• Liability shall fall to the public officers


• No reversible error

• No grave abuse of discretion

• Petitions dismissed