Scribd Logo
Upload

Welcome to Scribd!

  • 667 Lacson Vs Exec Secretary

    Uploaded by

    Lloyd David P. Vicedo
    23 views1 page
    This document summarizes a Supreme Court case from 1999 regarding the jurisdiction of the Sandiganbayan court over murder charges against police officers. 11 alleged gang members were killed by a police task force led by petitioner Panfilo Lacson. The Ombudsman charged Lacson and other officers with murder before the Sandiganbayan, claiming the crimes were committed in relation to their offices. However, the Supreme Court ruled the Sandiganbayan did not have jurisdiction, as the amended informations did not provide sufficient factual allegations to show the murders were intimately connected to the officers' official duties, rather than just a conclusion of law. As a result, the charges constituted plain murder under the jurisdiction of regular trial courts instead.

    Original Description:

    Original Title

    667 Lacson vs Exec Secretary

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document summarizes a Supreme Court case from 1999 regarding the jurisdiction of the Sandiganbayan court over murder charges against police officers. 11 alleged gang members were killed by a police task force led by petitioner Panfilo Lacson. The Ombudsman charged Lacson and other officers with murder before the Sandiganbayan, claiming the crimes were committed in relation to their offices. However, the Supreme Court ruled the Sandiganbayan did not have jurisdiction, as the amended informations did not provide sufficient factual allegations to show the murders were intimately connected to the officers' official duties, rather than just a conclusion of law. As a result, the charges constituted plain murder under the jurisdiction of regular trial courts instead.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    23 views1 page

    667 Lacson Vs Exec Secretary

    Uploaded by

    Lloyd David P. Vicedo
    This document summarizes a Supreme Court case from 1999 regarding the jurisdiction of the Sandiganbayan court over murder charges against police officers. 11 alleged gang members were killed by a police task force led by petitioner Panfilo Lacson. The Ombudsman charged Lacson and other officers with murder before the Sandiganbayan, claiming the crimes were committed in relation to their offices. However, the Supreme Court ruled the Sandiganbayan did not have jurisdiction, as the amended informations did not provide sufficient factual allegations to show the murders were intimately connected to the officers' official duties, rather than just a conclusion of law. As a result, the charges constituted plain murder under the jurisdiction of regular trial courts instead.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    128096, January 20, 1999


    PANFILO M. LACSON, petitioner, vs. THE EXECUTIVE SECRETARY, THE
    SANDIGANBAYAN, OFFICE OF THE SPECIAL PROSECUTOR, THE DEPARTMENT
    OF JUSTICE, MYRNA ABALORA, NENITA ALAP-AP, IMELDA PANCHO
    MONTERO, and THE PEOPLE OF THE PHILIPPINES, respondent.

    FACTS:
    On May 18, 1995, 11 persons believed to be members of the Kuratong Baleleng gang, reportedly
    an organized crime syndicate which had been involved in a spate of bank robberies in Metro
    Manila, where slain along Commonwealth Avenue in Quezon City by elements of the Anti-Bank
    Robbery and Intelligence Task Group (ABRITG) headed by Chief Superintendent Jewel Canson
    of the Philippine National Police (PNP). The ABRITG was composed of police officers from the
    Traffic Management Command (TMC) led by petitioner-intervenor Senior Superintendent
    Francisco Zubia, Jr.; Presidential Anti-Crime Commission — Task Force Habagat (PACC-TFH)
    headed by petitioner Chief Superintendent Panfilo M. Lacson; Central Police District Command
    (CPDC) led by Chief Superintendent Ricardo de Leon; and the Criminal Investigation Command
    (CIC) headed by petitioner-intervenor Chief Superintendent Romeo Acop.
    After conducting a reinvestigation, the Ombudsman filed on March 1, 1996 11 amended
    informations before the Sandiganbayan, wherein petitioner was charged only as an accessory,
    together with Romeo Acop and Francisco Zubia, Jr. and other. One of the accused was dropped
    from the case.
    On March 5-6, 1996, all the accused filed separate motions questioning the jurisdiction of the
    Sandiganbayan

    ISSUE:
    Whether or not the Sandiganbayan has jurisdiction over the accused?

    HELD:
    No, the Sandiganbayan lack jurisdiction over the accused.
    The stringent requirement that the charge be set forth with such particularly as will reasonably
    indicate the exact offense which the accused is alleged to have committed in relation to his office
    was, sad to say, not satisfied. The mere allegation in the amended information that the offense
    was committed by the accused public officer in relation to his office is not sufficient, that phrase
    is merely a conclusion between of law, not a factual averment that would show the close
    intimacy between the offense charged and the discharge of the accused’s official duties. What is
    controlling is the specific factual allegations in the information that would indicate the close
    intimacy between the discharge of the accused’s official duties and the commission of the
    offense charged, in order to qualify the crime as having been committed in relation to public
    office. Consequently, for failure to show in the amended information that the charge of murder
    was intimately connected with the discharge of official functions of the accused PNP officers,
    the offense charged in the subject criminal cases is plain murder and, therefore, within the
    exclusive original jurisdiction of the Regional Trial Court, not the Sandiganbayan.

    You might also like