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Acop Vs Guingona - Case Digest

SPO2 Eduardo delos Reyes and SPO2 Corazon dela Cruz, members of the Philippine National Police, publicly disclosed findings that 11 suspected gang members were summarily executed rather than killed in a shootout as initially reported. They testified before a Senate committee investigating the incident. Based on the committee's recommendation, they were admitted to the government's witness protection program. However, petitioners, who were also PNP officers implicated in the alleged rubout, argued SPO2 delos Reyes and SPO2 dela Cruz were disqualified from the program as law enforcement officers. The Supreme Court ruled law enforcement officers can be admitted if they testify before a legislative investigation, as was the case, finding

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226 views

Acop Vs Guingona - Case Digest

SPO2 Eduardo delos Reyes and SPO2 Corazon dela Cruz, members of the Philippine National Police, publicly disclosed findings that 11 suspected gang members were summarily executed rather than killed in a shootout as initially reported. They testified before a Senate committee investigating the incident. Based on the committee's recommendation, they were admitted to the government's witness protection program. However, petitioners, who were also PNP officers implicated in the alleged rubout, argued SPO2 delos Reyes and SPO2 dela Cruz were disqualified from the program as law enforcement officers. The Supreme Court ruled law enforcement officers can be admitted if they testify before a legislative investigation, as was the case, finding

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Onilyn Molino
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G.R. No.

134855            July 2, 2002

CHIEF SUPT. ROMEO M. ACOP and SR. SUPT. FRANCISCO G. ZUBIA, JR., petitioners-appellants,
vs.
HON. TEOFISTO T. GUINGONA, JR., in his capacity as Secretary of the Department of Justice, and
SENIOR STATE PROSECUTOR JUDE ROMANO, in his capacity as the Director of the Government's
Witness Protection Program; SPO2 EDUARDO DELOS REYES and SPO2 CORAZON DELA
CRUZ, respondents-appellees.

Facts:

On May 18, 1995, eleven (11) suspected members of the criminal group known as the Kuratong Baleleng
gang were killed along Commonwealth Avenue in Quezon City in an alleged shootout with the Anti-Bank
Robbery Intelligence Task Group of the Philippine National Police (PNP).

SPO2 Eduardo delos Reyes, a member of the Criminal Investigation Command (CIC) of the PNP and who
was one of the officers assigned to conduct an investigation of the May 18, 1995 incident, made a public
disclosure of his findings that there was no shootout and the eleven suspected members of the Kuratong
Baleleng gang were instead summarily executed. SPO2 Corazon dela Cruz, also a member of the CIC,
made the same statement corroborating the claim of SPO2 delos Reyes. The Senate conducted hearings
to determine the circumstances surrounding the subject incident. Former Senator Raul Roco, who was
then the Chairman of the Senate Committee on Justice and Human Rights, recommended that SPO2 delos
Reyes and SPO2 dela Cruz be admitted to the government's Witness Protection, Security and Benefit
Program. Accordingly, SPO2 delos Reyes and SPO2 dela Cruz were admitted into the said Program.

On March 12, 1996, herein petitioners, in their capacity as taxpayers, but who are among the PNP
officers implicated in the alleged rubout, filed before the court a quo a petition for injunction with prayer
for temporary restraining order questioning the legality of the admission of SPO2 delos Reyes and SPO2
dela Cruz into the Program. Petitioners contend that under Section 3(d) of R.A. No. 6981, law
enforcement officers, like SPO2 delos Reyes and SPO2 dela Cruz, are disqualified from being admitted
into the witness protection program even though they may be testifying against other law enforcement
officers.

Issue:
Whether or not enforcement officers may be admitted into the witness protection program.

Held:
Yes. Section 3 (d) of RA 6981 disqualifies law enforcement officers from being admitted into the
Program when they "testify before any judicial or quasi-judicial body, or before any investigating
authority." This is the general rule. However, Section 4 provides for a specific and separate situation
where a witness testifies before a legislative investigation. An investigation by a legislative committee
does not fall under the category of "any investigating authority" referred to in Section 3. Section 4
contains only a proviso that the witness' admission to the Program must be recommended by the
legislative committee when in its judgment there is a pressing necessity therefor and said
recommendation is approved by the President of the Senate or the Speaker of the House of
Representatives, as the case may be.

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