US court extradites ex-cop for Dacer-Corbito murder case

(Updated 8:41 PM) CHICAGO, Illinois - A United States District Court ordered on Thursday the extradition of former Filipino police officer Michael Ray B. Aquino to the Philippines after establishing probable cause of his involvement in the double murder of Salvador "Bubby" Dacer and Dacer’s driver, Emmanuel Corbito, more than nine years ago. In a one-page order dated March 4, 2010, the US District Court of New Jersey in Newark approved the Philippine government's extradition application for Aquino. Magistrate Judge Esther Salas of the US District Court of New Jersey in Newark also certified Aquino's extradition "to the [US] Secretary of State, together with a copy of all evidence received for this matter." The court will issue a warrant authorizing the commitment of Aquino, so that he may be held until his surrender to the proper authorities. The order ends Aquino’s nearly three-month wait after his extradition hearing of the case started last November 23. As soon as Aquino is extradited to Manila, he will be facing a court trial along with 22 others originally accused in the double murders. A full-blown trial, however, would have to wait pending the arrest or surrender of Senator Lacson, who has gone into hiding after being charged in the murders. Former President Joseph Estrada had denied any part in the murders conspiracy. An e-mail message from this reporter, seeking comment from Aquino’s lawyer, Mark A. Berman, remained unanswered as of this posting. In determining the probable cause against the 43-year-old decorated police officer, Salas "found the affidavit by Glenn Dumlao to be critical." Dumlao was Aquino’s subordinate officer in the Presidential Anti-Organized Crime Task Force (PAOCTF), which was constituted on July 22, 1998, following the Presidential election of Joseph Estrada. The PAOCTF, designed to "combat criminal syndicates both in public and private sectors," was headed by Panfilo Lacson, a police general-turned-senator, who directly reported to Estrada. Aquino, who served as Chief of Operations Division, reported to Lacson. Beginning January 1999, Aquino "tasked" Dumlao to monitor Dacer in his office housed at a Manila Hotel room. Then, Aquino ordered Dumlao "to surreptitiously enter the room, take whatever documents he could find, and also instructed Dumlao to monitor the individuals that were visiting Dacer." When Dumlao failed to "obtain any useful information," Aquino was "alleged to have instructed Dumlao to either burn down or bomb Dacer’s hotel room." Later in October 2000, Aquino summoned Dumlao intending to revive the Dacer investigation that had gone cold. When Dumlao told Aquino that he was preoccupied with other matters, Aquino said he would assign [former Police Chief Inspector Vicente] Arnado to the Dacer investigation. Judge Salas believes that when another police officer Cezar O. Mancao II, a police superintendent and chief of Task Force Luzon, "questioned Aquino about Arnado’s special operations task, Aquino responded that this was something that would be taken up with Lacson." As such, it is evident that Arnado was being supervised by Aquino with regard to his role in the Dacer investigation." In an affidavit he executed in February 2009, Mancao implicated Lacson as the brains behind the killings. Mancao’s affidavit became the basis of the complaint that Dacer's daughters filed before the Department of Justice, which found probable cause to indict Lacson for the twin killings. Lacson, former chief of the Philippine National Police, fled to Hong Kong a day before complaints against him were lodged. Mancao was equal in rank to Aquino. However, Aquino occupied a higher position. Dumlao served as Mancao’s deputy. Because Aquino "did not have any direct staff, he would occasionally task individuals from Task Force Luzon," Salas said. "The following day, Arnado found Dumlao and posed several questions, one of which was an inquiry into the type of car Dacer drove. "On Nov. 24, 2000, Dacer and Corbito were surrounded at gun point, extracted from their vehicle, thrown into the back of a van, and blindfolded. "Following their abduction, Dacer and Corbito were taken to Cavite, which interestingly enough is the same region where Dacer’s white Toyota was found. "Later that evening, Dacer and Corbito were strangled to death." The Court "notes the distinct pattern of a cover up and concealing identities." For example, Aquino referred to Dacer as “Delta." Additionally, Dacer and Corbito were blindfolded the entire time so that individuals could not be identified. “Concomitantly, Aquino ensured that no officers from Bicol [hometown of Dacer] journeyed to Cavite. "Aquino further directed Dumlao to secure all of the documents and to bring them to him following Dacer’s interrogation. Moreover, both Dacer and Corbito’s bodies were burned so as to conceal any evidence of their identities. "Therefore, the Court deems it plausible that Aquino was clearly concerned about making sure that he could not be implicated." The opinion added, "The evidence extrapolated from Mancao’s investigation into Dacer and Corbito’s disappearances provides additional proof of Aquino’s involvement in the victims’ murders. "Mancao discovered that Aquino gave illegal orders and that [former Supt. Teofilo] Viña was tasked by Aquino to neutralize Dacer. "When Dacer’s vehicle was recovered, Aquino blamed Viña for sloppily disposing of Dacer’s vehicle because it was easily discoverable. "As such, a reasonable person could deduce that Aquino was involved in the abduction, murders, and cover up of Dacer and Corbito. "In considering, the totality of the evidence presented, the Court believes that based on the facts presented, a person of ordinary prudence and caution would conscientiously entertain a reasonable belief that Aquino committed the alleged acts."
Ex-cop remains accused, Philippines’ justice department says Hours after the US District Court decision was announced, the Philippines’ Department of Justice (DOJ) said that it has no plans of discharging Aquino as an accused in the case to become a state witness. Although Aquino’s extradition has yet to be posted at the US Justice Department’s website, the Philippines’ Justice undersecretary Ricardo Blancaflor said in Manila that the DoJ has yet to talk to Aquino. “As of now, we had not talked to him and we have no plan to discharge him as an accused at this time," he said in Manila. Aquino can still appeal the decision at the US Supreme Court, Blancaflor said, adding it may only take anywhere from seven to 10 days for the court to decide on his case. “Once the extradition becomes final, then he can be turned over to Immigration Customs Enforcement (ICE)," he said. “The communication is between the Philippine DOJ and US DOJ, then our National Bureau of Investigation (NB) Interpol Division can be tapped to fetch him there," he said. “Testimonies of Mancao and Dumlao are leading up to Aquino," he said. Both Mancao and Dumlao were extradited to the Philippines from the US. Although Dumlao was discharged as an accused by a Manila court, Mancao’s application to be discharged as an accused to become a state witness has yet to be resolved by the Manila RTC Branch 18. - RJAB Jr., GMANews.TV