Home
MANILA, Philippines—Senator Panfilo “Ping” Lacson’s life as a man on the run may be coming to an end.
The controversial senator on Thursday scored a major legal victory
when the Court of Appeals threw out the murder charges against him over
the twin killings in 2000 of publicist Salvador “Bubby” Dacer and his
driver, and voided a judge’s order for his arrest.
But insofar as prosecutors are concerned, Lacson may still not savor
the sweetness of victory because they said they would file a motion for
reconsideration and, if necessary, elevate the case to the Supreme
Court.
In his more than a year in hiding, Lacson has been variously reported
to be in Europe, somewhere in Asia or right in the Philippines. With
Thursday’s ruling, his lawyer said he might come out “soon.”
In its ruling, the appellate court’s special sixth division said that
since there was no probable cause “to justify the filing of two
separate information for murder against petitioner, consistent with his
constitutional right to be presumed innocent and in consonance with
existing jurisprudence, he should be relieved from the pain and agony of
trial.”
It ordered that the warrant of arrest issued against Lacson be “nullified and set aside.”
Lacson would be the fourth high-profile opponent of former President
Gloria Macapagal-Arroyo to be freed from legal restraints since
President Aquino took power seven months ago. The three others were
linked to plots against Arroyo.
Last July, former Marine Colonel Ariel Querubin was released to the
custody of a senior officer. Last December, detained Senator Antonio
Trillanes IV was released to the custody of Senate President Juan Ponce
Enrile under an Aquino amnesty proclamation.
Last month, another rebel officer, Capt. Nicador Faeldon, was released also to the custody of a senior officer.
Aquino assurance
Mr. Aquino on Thursday assured Lacson that his administration would safeguard his rights when he comes out from hiding.
“My appeal to him has always been that we will guarantee him a fair
trial and we will protect all of his rights,” the President told
reporters.
Associate Justice Ramon Bato Jr. wrote the Court of Appeals decision.
Associate Justices Juan Enriquez Jr. and Isaias Dicdican concurred.
Dacer and Emmanuel Corbito were abducted at the boundary of Manila
and Makati cities in November 2000. Their charred bodies were later
recovered in Cavite.
Lacson had asked the appellate court to dismiss the murder charges
against him in a petition contesting the ruling by the Manila Regional
Trial Court Branch 18.
The justice department and lawyers for the victims’ families filed
separate murder charges against Lacson for the deaths of Dacer and
Corbito.
Mancao credibility
In an 80-page decision, the appellate court thrashed the credibility
of another accused in the case, former Senior Superintendent Cezar
Mancao II, whose testimony provided the basis for the murder charges.
It said Mancao had the “propensity to contradict himself under oath” in a number of his affidavits.
For the court, Mancao may have also been influenced by other factors
or persons in the preparation of his February 13, 2009, affidavit
linking Lacson to the killings.
The court said Mancao’s contradictions were shown in his affidavits.
It said that 10 years ago, Mancao denied knowledge about a so-called
“special operations” to kill Dacer. In a March 1, 2007, affidavit,
Mancao said he had not implicated Lacson in the so-called “special
operations.”
But, the court said, Mancao “strangely … contradicted himself in
another affidavit dated February 13, 2009, in which he said police
Superintendent Michael Ray Aquino had said the special operations had
been previously approved and cleared by Lacson and by Malacañang
itself.”
Mancao “is not a credible and trustworthy witness,” it said.
“Under oath, he contradicted himself on material points.
Inconsistencies and material contradiction affect the credibility of
Cezar Mancao and the veracity of his statements,” the court said.
It added that with the “serious discrepancy on a material fact,” the
trial court judge “should have denied the issuance of a warrant of
arrest and dismissed the case against [Lacson] for lack of probable
cause.”
The court took note of the “undisputed fact” that it took Mancao eight years to implicate Lacson.
It also noted that Mancao had admitted in television interviews that
the military’s then intelligence chief, Brigadier General Romeo
Prestoza, had offered to help him and his family migrate to Singapore in
exchange for testifying against Lacson.
‘Lacson is free’
The court also said that the allegations of the Dacer daughters that
Lacson “orchestrated” the murder of their father because he (Dacer) had
opposed Lacson’s appointment as chief of the Philippine National Police
“is nothing but an inference or conjecture not supported by evidence on
record.”
Lacson’s lawyer, Alex Avisado, was elated at the decision. “For all
intents and purposes, Senator Lacson is free,” Avisado said on the
phone.
He said Lacson could be expected to surface “in the very near future” so that he could perform his “duty as a senator.”
He said the appellate court’s decision meant that Lacson “has been cleared of any involvement” in the Dacer-Corbito case.
“Senator Lacson had faith in the judicial system. He has won and
we’re very happy,” Avisado said. “With this, anytime soon he’ll come
out.”
Prosecution undaunted
But the prosecution team vowed to pursue the case.
Evidently surprised when reached by phone, State Prosecutor Hazel
Valdez told the Inquirer that the court’s decision was not yet final and
executory.
“I am very sure we will file a motion for reconsideration,” Valdez
said. The prosecution has 15 days to ask for a review of the ruling.
If the prosecution motion is denied, “we still have the Supreme Court,” Valdez said.
Lawyers differed on whether the arrest warrant against Lacson was no
longer effective, with Valdez saying it should still be in effect.
Suspended animation
But human-rights lawyer Theodore Te said Lacson may now surface
without having to worry about being arrested. He described the arrest
warrant as in “suspended animation.”
Te said the prosecution could file a motion for reconsideration and
also bring the case to the Supreme Court. If the prosecution is upheld,
the arrest warrant would be in effect once again, he said.
Demetrio Custodio, the Dacer family’s counsel, declined comment but
said he would send a text message to inform the family of the decision.
Mancao’s lawyer, Ferdinand Topacio, said the appellate court’s decision was “not a cause of concern.”
“It is not yet final and executory,” he said. “It is just one step,
and not the last, in the criminal justice. It is always a long and
arduous road to truth and justice, especially in this country.” With reports from Christine O. Avendaño, TJ Burgonio and Marlon Ramos
original link: [You must be registered and logged in to see this link.]
The controversial senator on Thursday scored a major legal victory
when the Court of Appeals threw out the murder charges against him over
the twin killings in 2000 of publicist Salvador “Bubby” Dacer and his
driver, and voided a judge’s order for his arrest.
But insofar as prosecutors are concerned, Lacson may still not savor
the sweetness of victory because they said they would file a motion for
reconsideration and, if necessary, elevate the case to the Supreme
Court.
In his more than a year in hiding, Lacson has been variously reported
to be in Europe, somewhere in Asia or right in the Philippines. With
Thursday’s ruling, his lawyer said he might come out “soon.”
In its ruling, the appellate court’s special sixth division said that
since there was no probable cause “to justify the filing of two
separate information for murder against petitioner, consistent with his
constitutional right to be presumed innocent and in consonance with
existing jurisprudence, he should be relieved from the pain and agony of
trial.”
It ordered that the warrant of arrest issued against Lacson be “nullified and set aside.”
Lacson would be the fourth high-profile opponent of former President
Gloria Macapagal-Arroyo to be freed from legal restraints since
President Aquino took power seven months ago. The three others were
linked to plots against Arroyo.
Last July, former Marine Colonel Ariel Querubin was released to the
custody of a senior officer. Last December, detained Senator Antonio
Trillanes IV was released to the custody of Senate President Juan Ponce
Enrile under an Aquino amnesty proclamation.
Last month, another rebel officer, Capt. Nicador Faeldon, was released also to the custody of a senior officer.
Aquino assurance
Mr. Aquino on Thursday assured Lacson that his administration would safeguard his rights when he comes out from hiding.
“My appeal to him has always been that we will guarantee him a fair
trial and we will protect all of his rights,” the President told
reporters.
Associate Justice Ramon Bato Jr. wrote the Court of Appeals decision.
Associate Justices Juan Enriquez Jr. and Isaias Dicdican concurred.
Dacer and Emmanuel Corbito were abducted at the boundary of Manila
and Makati cities in November 2000. Their charred bodies were later
recovered in Cavite.
Lacson had asked the appellate court to dismiss the murder charges
against him in a petition contesting the ruling by the Manila Regional
Trial Court Branch 18.
The justice department and lawyers for the victims’ families filed
separate murder charges against Lacson for the deaths of Dacer and
Corbito.
Mancao credibility
In an 80-page decision, the appellate court thrashed the credibility
of another accused in the case, former Senior Superintendent Cezar
Mancao II, whose testimony provided the basis for the murder charges.
It said Mancao had the “propensity to contradict himself under oath” in a number of his affidavits.
For the court, Mancao may have also been influenced by other factors
or persons in the preparation of his February 13, 2009, affidavit
linking Lacson to the killings.
The court said Mancao’s contradictions were shown in his affidavits.
It said that 10 years ago, Mancao denied knowledge about a so-called
“special operations” to kill Dacer. In a March 1, 2007, affidavit,
Mancao said he had not implicated Lacson in the so-called “special
operations.”
But, the court said, Mancao “strangely … contradicted himself in
another affidavit dated February 13, 2009, in which he said police
Superintendent Michael Ray Aquino had said the special operations had
been previously approved and cleared by Lacson and by Malacañang
itself.”
Mancao “is not a credible and trustworthy witness,” it said.
“Under oath, he contradicted himself on material points.
Inconsistencies and material contradiction affect the credibility of
Cezar Mancao and the veracity of his statements,” the court said.
It added that with the “serious discrepancy on a material fact,” the
trial court judge “should have denied the issuance of a warrant of
arrest and dismissed the case against [Lacson] for lack of probable
cause.”
The court took note of the “undisputed fact” that it took Mancao eight years to implicate Lacson.
It also noted that Mancao had admitted in television interviews that
the military’s then intelligence chief, Brigadier General Romeo
Prestoza, had offered to help him and his family migrate to Singapore in
exchange for testifying against Lacson.
‘Lacson is free’
The court also said that the allegations of the Dacer daughters that
Lacson “orchestrated” the murder of their father because he (Dacer) had
opposed Lacson’s appointment as chief of the Philippine National Police
“is nothing but an inference or conjecture not supported by evidence on
record.”
Lacson’s lawyer, Alex Avisado, was elated at the decision. “For all
intents and purposes, Senator Lacson is free,” Avisado said on the
phone.
He said Lacson could be expected to surface “in the very near future” so that he could perform his “duty as a senator.”
He said the appellate court’s decision meant that Lacson “has been cleared of any involvement” in the Dacer-Corbito case.
“Senator Lacson had faith in the judicial system. He has won and
we’re very happy,” Avisado said. “With this, anytime soon he’ll come
out.”
Prosecution undaunted
But the prosecution team vowed to pursue the case.
Evidently surprised when reached by phone, State Prosecutor Hazel
Valdez told the Inquirer that the court’s decision was not yet final and
executory.
“I am very sure we will file a motion for reconsideration,” Valdez
said. The prosecution has 15 days to ask for a review of the ruling.
If the prosecution motion is denied, “we still have the Supreme Court,” Valdez said.
Lawyers differed on whether the arrest warrant against Lacson was no
longer effective, with Valdez saying it should still be in effect.
Suspended animation
But human-rights lawyer Theodore Te said Lacson may now surface
without having to worry about being arrested. He described the arrest
warrant as in “suspended animation.”
Te said the prosecution could file a motion for reconsideration and
also bring the case to the Supreme Court. If the prosecution is upheld,
the arrest warrant would be in effect once again, he said.
Demetrio Custodio, the Dacer family’s counsel, declined comment but
said he would send a text message to inform the family of the decision.
Mancao’s lawyer, Ferdinand Topacio, said the appellate court’s decision was “not a cause of concern.”
“It is not yet final and executory,” he said. “It is just one step,
and not the last, in the criminal justice. It is always a long and
arduous road to truth and justice, especially in this country.” With reports from Christine O. Avendaño, TJ Burgonio and Marlon Ramos
original link: [You must be registered and logged in to see this link.]