In Capt. Jomar B. Daquioag v. Office of the Ombudsman and Hadji Salam M. Alabain, the Supreme Court reversed the Court of Appeals’ decision, thereby acquitting Captain Daquioag of grave misconduct. The Court found insufficient evidence to support the claim that Capt. Daquioag led the military group that fired upon civilians, resulting in one death. This ruling underscores the importance of reliable evidence and the application of reasonable doubt in administrative cases, particularly those involving serious allegations against public officials.

Misidentification in the Battlefield: Can an Affidavit of Desistance Overturn a Grave Misconduct Charge?

The case revolves around an incident on August 10, 2008, where a group of civilians was fired upon by Philippine Marine soldiers in Basilan, resulting in the death of one individual. Hadji Alabain and others filed complaints against Capt. Daquioag, alleging that he led the attack. The Office of the Ombudsman for the Military and Other Law Enforcement Offices (OMB-MOLEO) found Capt. Daquioag guilty of grave misconduct, leading to his dismissal. However, the Supreme Court ultimately disagreed with this assessment.

The central issue was whether there was sufficient evidence to prove that Capt. Daquioag was indeed the leader of the group that fired upon the civilians. The Court emphasized that findings of fact by the Office of the Ombudsman are generally conclusive if supported by substantial evidence, as stated in Section 27 of Republic Act No. 6770.

However, the Court also recognized exceptions to this rule, such as when the judgment is based on a misapprehension of facts. Here, the Court found that the CA and the OMB-MOLEO relied heavily on Hadja Alabain’s statement that Capt. Daquioag was the leader. However, a closer examination of her affidavit revealed a lack of specific details on when and how she identified Capt. Daquioag. The Supreme Court noted:

Our perusal of Hadja Alabain’s affidavit reveals that she did not state when she saw Capt. Daquioag or how she was able to identify him. She said that more or less 100 armed men located around 20 feet away fired upon them. She did not aver that Capt. Daquioag was one of these men.

This lack of clarity, coupled with the absence of corroborating statements from other witnesses, cast doubt on the reliability of Hadja Alabain’s identification. Building on this, Capt. Daquioag presented a credible explanation that, as the Civil Military Officer (CMO) of Marine Battalion Landing Team 7 (MBLT-7), he was not involved in direct combat. This explanation was supported by affidavits from Lieutenant Colonel Leonard Vincent D. Teodoro and 2nd Lieutenant Rod Bryan S. Eribal, who identified the officers in charge of the troops involved in the encounter with the Moro Islamic Liberation Front (MILF). LtCol. Teodoro’s affidavit, in particular, corroborated Capt. Daquioag’s statement and clarified the events of that day.

The Court took note of the joint affidavit executed by Hadja Alabain and other complainants, stating that they mistakenly identified Capt. Daquioag. While affidavits of desistance are viewed with skepticism, the Court acknowledged that they could be considered, especially when the repudiation of material points is express and clear. As the court noted in Marcelo v. Bungubung:

the express repudiation in the affidavit of desistance of the material points in the complaint-affidavit may be admitted into evidence, absent proof of fraud or duress in its execution.

In this case, Hadja Alabain not only expressed her lack of interest in pursuing the case but also identified the individuals actually involved in the incident. Crucially, the criminal cases against Capt. Daquioag were dismissed based on this joint affidavit. For emphasis, the Supreme Court highlighted that the absence of proof that Capt. Daquioag committed the act constituting grave misconduct led them to reverse the CA’s decision. The dismissal of the complaint against Capt. Daquioag highlights the stringent standards required to prove allegations of misconduct against public officials, particularly in sensitive contexts involving military operations and civilian populations. This approach contrasts with a more lenient standard, emphasizing the need for thorough investigation and reliable evidence.

The decision underscores the importance of verifying testimonies. It is a critical component in administrative and criminal proceedings. The need for solid factual basis for findings and conclusions ensures that decisions are just, fair and accurate. It prevents hasty and unjust judgments.

The case also reminds us about the administrative due process and protection of rights of government employees. The court should be wary in making conclusions based on assumptions and unsubstantiated statements. It highlights the need to carefully assess the evidence, which ensures that public officials are protected against unsubstantiated charges.

FAQs

What was the key issue in this case?	The key issue was whether there was sufficient evidence to prove Capt. Daquioag was the leader of the military group that fired upon civilians. The Supreme Court determined that the evidence was insufficient to establish this fact.
What is grave misconduct?	Grave misconduct involves a serious transgression of established and definite rules of action, implying a wrongful intention. It must directly affect the performance of duties.
What role did the affidavit of desistance play?	The affidavit of desistance, while not binding, contributed to casting doubt on the initial identification of Capt. Daquioag. It supported the argument that he was mistakenly accused.
Why did the Supreme Court reverse the CA decision?	The Supreme Court reversed the CA decision because the finding that Capt. Daquioag headed the group that fired upon Alviar lacked factual basis. The evidence was insufficient to prove he committed grave misconduct.
What is the significance of Section 27 of R.A. 6770?	Section 27 of R.A. 6770 states that findings of fact by the Office of the Ombudsman, when supported by substantial evidence, are conclusive. This highlights the general deference given to the Ombudsman’s findings.
What does “substantial evidence” mean in this context?	Substantial evidence means relevant evidence that a reasonable mind might accept as adequate to support a conclusion. It requires more than a mere scintilla of evidence.
How did Capt. Daquioag defend himself?	Capt. Daquioag explained that as the CMO, he was not involved in direct combat. He also presented affidavits from other officers corroborating his statement.
Can affidavits of desistance be considered in court?	Yes, affidavits of desistance can be considered, especially when they expressly repudiate material points. They should be evaluated alongside other evidence in the case.

This case serves as a reminder of the importance of reliable evidence and the application of reasonable doubt, especially in cases involving serious allegations against public officials. It reinforces the principle that accusations must be supported by concrete facts, ensuring fairness and justice in administrative proceedings.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: CAPT. JOMAR B. DAQUIOAG v. OFFICE OF THE OMBUDSMAN AND HADJI SALAM M. ALABAIN, G.R. No. 228509, October 14, 2019