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reform. The Kilusang Magbubukid ng Pilipinas (KMP) presented the following problems and demands
(giving lands for free to farmers, zero retention of lands by landlords, stop amortizations of land
payments)
There was a dialogue between the farmers and then Ministry of Agrarian Reform (MAR) on January 15,
1987.
On January 20, 1987, Tadeo met with MAR Minister Heherson Alvarez
Alvarez was only able to promise to do his best to bring the matter to the attention of then President Cory
Aquino during the January 21 Cabinet meeting.
Tension mounted the next day,
The farmers, on their 7th day of encampment, barricaded the MAR premises and prevented the
employees from going inside their offices
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)
Government intelligent reports were also received that the KMP was heavily infliltrated by
CPP/NPA elements, and that an insurrection was impending
Government anti-riot forces assembled at Mendiola
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"
After the clash, 12 marchers were officially confirmed dead (13 according to Tadeo)
39 were wounded by gunshots and 12 sustained minor injuries, all belonging to the group of
marchers
Of the police and military, 3 sustained gunshot wounds and 20 suffered minor physical injuries
The "Citizens' Mendiola Commission" submitted its report on the incident on February 27, 1987
as follows
The march did not have any permit
The police and military were armed with handguns prohibited by law
The security men assigned to protect the government units were in civilian attire
(prohibited by law)
There was unnecessary firing by the police and military
The weapons carried by the marchers are prohibited by law
It is not clear who started the firing
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
Whether or not the State has waived its immunity from suit (i.e. Whether or not this is a suit
Petitioners argue that by the recommendation made by the Commission for the
government to indemnify the heirs and victims, and by public addresses made by President
Aquino, the State has consented to be sued
2.
Whether or not the case qualifies as a suit against the State
Decision:
No & No.
1.
Art. XIV, Sec. 3, 1987 Constitution: The State may not be sued without its consent
2.
The recommendations by the Commission does not in any way mean that liability
automatically attaches to the State
The Commission was simply a fact-finding body; its findings shall serve only as cause of
action for litigation; it does not bind the State immediately
President Aquino's speeches are likewise not binding on the State; they are not
tantamount to a waiver by the State
Some instances when a suit against the State is proper:
When the suit is on its face against a government officer but the case is such that the
ultimate liability will belong not to the officer but to the government
Although the military officers and personnel were discharging their official
functions during the incident, their functions ceased to be official the moment they exceeded
their authority
There was lack of justification by the government forces in the use of firearms.
Their main purpose in the rally was to ensure peace and order, but they fired at the crowd
instead
No reversible error by the respondent Judge found. Petitions dismissed.