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GARCIA
JD-1
GALMAN V. SANDIGANBAYAN
144 SCRA 43, SEPTEMBER 12, 1986
TEEHANKEE, C.J.
Facts: An investigating committee was created to determine the facts on the case involving the
assassination of Ninoy Aquino. It appears that majority and minority reports showed that they
are unconvinced on the participation of Galman as the assassin of late Sen. Aquino and
branded him instead as the fall guy as opposed to the military reports. Majority reports
recommended the 26 military respondents as indictable for the premeditated killing of Aquino
and Galman which the Sandiganbayan did not give due consideration.
The office of the Tanod Bayan was originally preparing a resolution charging the 26 military
accused as principal to the crime against Aquino but was recalled upon the intervention of
President Marcos who insist on the innocence of the accused. Marcos however recommended
the filing of murder charge and to implement the acquittal as planned so that double jeopardy
may be invoked later on.
The petitioners filed an action for miscarriage of justice against the Sandiganbayan and gross
violation of constitutional rights of the petitioners for failure to exert genuine efforts in allowing
the prosecution to present vital documentary evidence and prayed for nullifying the bias
proceedings before the Sandiganbayan and ordering a re-trial before an impartial tribunal.
Issue: Whether or not there was due process in the acquittal of the accused from the charges
against them.
Held: The denial on the motion for reconsideration of the petitioners by the court was set aside
and rendered the decision of acquittal of the accused null and void. An order for a re-trial was
granted
Ratio: In Deputy Tanodbayan Manuel Herreras expose, he affirmed the allegations in the
second motion for reconsideration. He revealed that the Sandiganbayan Justices and