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[ G.R. No. 105674. March 22, 1999]
PEOPLE vs. DIONORO MINIAO ALIAS "KA RAMIL"
FIRST DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated MAR 22, 1999.
G.R. No. 105674 (People of the Philippines vs. Dionoro Miniao alias "Ka Ramil".)
Subject of this resolution is the conditional pardon issued by the President, upon the recommendation of the "Presidential Committee for the Grant of Bail, Release or Pardon," to accused-appellant Dionoro Miniao alias "Ka Ramil" notwithstanding the pendency of appeal from his conviction for multiple murder, for which he was meted three (3) reclusion perpetua terms. Based on the conditional pardon dated September 13, 1993,1 [Rollo, p. 123.] accused-appellant was released from confinement in San Ramon Penal Farm, Zamboanga City, on October 11, 1993.2 [Rollo, p. 124.]
The facts are as follows:
On September 20, 1990, together with barangay captain Belman Lomoljo of Linga West, Maigo, Lanao del Norte, P/Sgt. Rosellier Canoy and several members of Maigo Police Force, namely, Pfc. Floro Salon, Patrolmen Teodoro Mocorro, Arnulfo Biliran, Pio Bacong, Janeiro Quabo, Fernandito Vosotros, Francisco Alberto and Rolando Semacas, boarded a police service jeep and went to Campo Uno to investigate the reported presence of rebel-terrorists in the area. Upon reaching the place, Pat. Bacong noticed several persons on the hill ahead. He fired a warning shot to alarm his companions. Thereafter, a volley of fire coming from both sides of the road rained upon them, to which they returned fire.
In the aftermath, several members of the Maigo Police force were killed namely, Patrolmen Salon, Mocorro II and Vosotros, while Pat. Alberto was wounded. One of the ambushers was also killed.
On January 30, 1991, the Provincial Prosecutor of Iligan City filed an Information3 [Rollo, p. 10.] charging accused Dionoro Miniao alias "Ka Ramil" and Hermes Nayona alias "Ka Loloy" with multiple murder. Upon arraignment on February 22, 1991, both accused pleaded not guilty. Pre-trial was closed and trial on the merits ensued.
On October 23, 1991, Judge Valerio M. Salazar rendered decision4 [Rollo, p. 28.] convicting Dionoro Miniao of three separate crimes of murder. He was accordingly meted three (3) reclusion perpetua terms and ordered to pay damages and indemnity to the heirs of the three Maigo police officers killed. His co-accused, Hermes Nayona, was acquitted of the charge because of the weakness of the evidence against him.
On November 5, 1991, accused filed a notice of appeal.
On January 24, 1995, pending appeal, this Court received a letter5 [Rollo, p. 120.] from Eusebio H. Del Rosario, Penal Superintendent I, San Ramon Prison and Penal Farm, Zamboanga City, informing us that appellant Dionoro Miniao was granted conditional pardon by President Ramos and released from confinement. Attached to said letter were copies of the Conditional Pardon dated September 13, 1993, and the Certificate of Discharge from Prison dated October 11, 1993.
On July 3, 1995,6 [Rollo, p. 129.] we issued a resolution directing the Presidential Committee for the Grant of Bail, Release or Pardon to justify its recommendation of grant of pardon to appellant Dionoro Miniao notwithstanding the pendency of his appeal with this Court. For failing to heed his order, we issued another resolution dated January 15, 1996,7 [Rollo, p. 131.] requiring the same committee to show cause why it should not be disciplinarily dealt with, and to comply with our earlier resolution. They again failed to comply prompting us to impose on the members of the committee a fine of P500.00 each, payable to this Court. On January 21, 1998,8 [Rollo, p. 156.] we increased the fine to P1,000.00. Based on the certification issued by the cashier's division dated July 31, 1998,9 [Rollo, p. 160.] no payment was made by any member of the Presidential Committee for the Grant of Bail, Release or Pardon.
The members of the Presidential Committee for the Grant of Bail, Release or Pardon acted beyond their authority when they recommended to the President the grant of conditional pardon to accused-appellant Dionoro Miniao notwithstanding the pendency of the latter's appeal. However, the above-mentioned resolutions were served on unidentified "members of the committee." Nobody complied with the resolutions since they were directed to nobody in particular. Notices of the resolutions were not received by them. The notice was received by an employee of the Office of the President.10 [Juliet Juaiting, Receiving Clerk, Legal Affairs, Office of the President.] Neither could these resolutions be enforced now since the present committee11 [Present Members: Secretary of Justice Serafin R. Cuevas, Chairman; Secretary of National Defense Orlando Mercado; Executive Secretary Ronaldo B. Zamora.] has changed its members from the committee12 [Secretary of Justice Franklin Drilon, Chairman; Secretary of National Defense Renato S. de Villa; Secretary of the Department of Interior and Local Government Rafael Alunan, Chairman of the Commission on Human Rights Sedfrey A. Ordo�ez; National Unification Commission Member Haydee Yorac; Presidential Adviser on Peace Process Gen. Manuel Yan.] that recommended the grant of conditional pardon to accused-appellant Dionoro Miniao.
Without discussing the merits of this case, the Court Resolves to SET ASIDE the resolution dated January 15, 1996, and the resolutions subsequent thereto.
Very truly yours,
(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court
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