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    Romeo Acop Vs Teofisto Guingona

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    yaniegg
    This case involves a petition challenging the admission of two Philippine National Police officers, SPO2 delos Reyes and SPO2 dela Cruz, into the Witness Protection Program. The officers testified before the Senate that 11 suspected criminals were summarily executed rather than killed in a shootout as claimed by other police officers. While the government and officers argue the case is moot since their protection ended, the court still rules on whether law enforcement officers can be admitted under Section 3(d) of the witness protection law for future guidance. The court finds it necessary to resolve this principal legal issue to provide guidance despite parts of the petition being moot.

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    Romeo Acop Vs Teofisto Guingona

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    yaniegg
    256 views2 pages
    This case involves a petition challenging the admission of two Philippine National Police officers, SPO2 delos Reyes and SPO2 dela Cruz, into the Witness Protection Program. The officers testified before the Senate that 11 suspected criminals were summarily executed rather than killed in a shootout as claimed by other police officers. While the government and officers argue the case is moot since their protection ended, the court still rules on whether law enforcement officers can be admitted under Section 3(d) of the witness protection law for future guidance. The court finds it necessary to resolve this principal legal issue to provide guidance despite parts of the petition being moot.

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    Romeo Acop vs Teofisto Guingona

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    This case involves a petition challenging the admission of two Philippine National Police officers, SPO2 delos Reyes and SPO2 dela Cruz, into the Witness Protection Program. The officers testified before the Senate that 11 suspected criminals were summarily executed rather than killed in a shootout as claimed by other police officers. While the government and officers argue the case is moot since their protection ended, the court still rules on whether law enforcement officers can be admitted under Section 3(d) of the witness protection law for future guidance. The court finds it necessary to resolve this principal legal issue to provide guidance despite parts of the petition being moot.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    256 views2 pages

    Romeo Acop Vs Teofisto Guingona

    Uploaded by

    yaniegg
    This case involves a petition challenging the admission of two Philippine National Police officers, SPO2 delos Reyes and SPO2 dela Cruz, into the Witness Protection Program. The officers testified before the Senate that 11 suspected criminals were summarily executed rather than killed in a shootout as claimed by other police officers. While the government and officers argue the case is moot since their protection ended, the court still rules on whether law enforcement officers can be admitted under Section 3(d) of the witness protection law for future guidance. The court finds it necessary to resolve this principal legal issue to provide guidance despite parts of the petition being moot.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Romeo Acop Vs Teofisto Guingona

    G.R. No. 134855


    July 2, 2002
    Ponente: Austria-Martinez, J.
    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 on the incident, made a public disclosure of his findings that
    there was no shootout and the eleven (11) suspected members of the gang were
    summarily executed. This was attested by SPO2 Corazon dela Cruz, also a member of
    the CIC.
    The senate conducted hearings to determine the circumstances surrounding the
    subject incident and SPO2 delos Reyes and SPO2 dela Cruz testified before the Senate
    hearings. On June 2, 1995, 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 governments Witness Protection, Security and
    Benefit Program. Accordingly, they were admitted into the said Program.
    Herein petitioners, in their capacity as tax payers, but who are among the PNP
    officers implicated in the alleged rubout, contend that under Sec. 3(d) for R.A. No. 6981,
    law enforcement officres, 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. Petitioners pray that the decision of
    the RTC be reversed and set aside and instead a) An injunction be issued enjoining
    the Department of Justice from continuing to provide the benefits accruing under the
    Witness Protection Program to respondents SPO2 delos Reyes and SPO2 dela Cruz; b)
    Order the immediate discharge of respondent SPO2 delos Reyes and SPO2 dela Cruz
    from WPP and for the latter to be ordered to cease and desist from accepting benefits of
    the WPP; and c) Order respondent officers to return whatever monetary benefits they
    have received from the government as a consequence of their wrongful and illegal
    admission into the WPP.
    Issue:Whether the petition for judicial review should prosper.
    Held:
    In its comment, the Office of the Solicitor General (OSG) claims that the petition
    lacks merit and that the same has been rendered moot and academic because the
    coverage of SPO2 delos Reyes and SPO2 dela Cruz under the Program was already
    terminated on December 3, 1997 and August 23, 1998, respectively, as evidenced by
    the letter of the Director of the Program addressed to OSG, dated February 10, 1999. In
    their comment, private respondents SPO2 delos Reyes and SPO2 dela Cruz agree with
    OSG. Indeed, prayers a) and b) above had been rendered moot and academic by reason
    of the release of SPO2 delos Reyes and SPO2 dela Cruz from the coverage of the
    Program.
    However, we find it necessary to resolve the merits of the principal issue raised
    for a proper disposition of prayer c) for future guidance of both bench and bar as to the

    applications of Sec. 3(d) and 4 of R.A. No. 6981. As we have ruled in Alunan III vs.
    Mirasol, 276 SCRA 501 (1997), and Viola vs Alunan III 277 SCRA409 (1997), courts will
    decide a question otherwise moot and academic if it is capable of repetition, yet
    evading review.

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