De Lima being misled on Lacson’s reinvestigation plea, says lawyer

Justice Secretary Leila De Lima is being misled by prosecutors on the facts of the Dacer-Corbito double murder case, said the lawyer of fugitive Senator Panfilo Lacson, tagged as prime suspect in the case. "It is unfortunate that Secretary De Lima is being misled regarding the facts of the case," Lacson's counsel Alex Poblador said in a statement released on Friday. De Lima earlier said she cannot exercise her plenary powers to conduct a reinvestigation because Lacson's camp has pleadings pending before the Manila Regional Trial Court (RTC) Branch 18 and the Court of Appeals (CA). However, Poblador said their camp is not asking the Department of Justice (DOJ) to preempt the trial court handling the case on the killings of publicist Salvador Dacer and his driver Emmanuel Corbito in 2000. "We are asking the DOJ to withdraw its opposition to the reinvestigation and join our efforts to persuade the trial court to direct the conduct of the reinvestigation, and to lift the warrants of arrest in the meantime," he said. Poblador said Lacson’s camp has no pending second motion for reinvestigation but a motion for reconsideration on the CA’s denial of the motion to stop the court from enforcing an arrest warrant on the senator. "Precisely, under the rules, we submitted newly discovered evidence to justify the filing of such MR [motion for reconsideration] and to justify reinvestigation," he said. He had earlier cited as new evidence the affidavits that will supposedly debunk Cezar Mancao II's claims that he had heard Lacson and former police officer Michael Ray Aquino talking about the purported plan to "neutralize or liquidate" Dacer. Moreover, Poblador said they have no pending petition with the Court of Appeals questioning the Manila RTC Branch 18’s earlier denial of Lacson’s motion for reinvestigation. What they filed with the CA was a petition for certiorari with application for temporary restraining order and preliminary injunction questioning the judicial determination of probable cause ruling by the lower court, Poblador added. "She should not simply listen to the advice of the prosecutors who appear bent on defending at all costs the wrongful actions they had taken against Senator Lacson," said the senator's lawyer. De Lima: I have my own mind Sought for comment over Poblador’s statement, De Lima denied she is being "misled" regarding the facts of the case. "I also read the pleadings," she said. She likewise denied being swayed by her department prosecutors into thumbing down the senator's request for a reinvestigation. "It's very unfair to the prosecutors. I don't think they are misleading me. It's unfair to throw that kind of accusation. I don't think it's true, I have my own mind," said De Lima. "I have no authority to stop the court to stop the trial," she added. De Lima also reiterated that she is not exercising her plenary powers to conduct a reinvestigation because Lacson has pleadings pending before the Manila RTC Branch 18 and the CA. "The [Manila] court itself has made its own determination of probable cause," De Lima said. "When a court issues a warrant, it has made its own determination of probable cause. If it is not convinced, it will not issue a warrant," De Lima added. She then said that while she cannot reverse the Manila court's findings of probable cause to charge Lacson, the DOJ is not saying that Lacson is "guilty or innocent" because such matter is for the court to decide. Addressing criticisms saying her statements has prompted Lacson to go further into hiding, De Lima said she is just being "consistent" in her policy on transparency. No reinvestigation, no Lacson On January 7 this year, the DOJ filed two counts of murder against Lacson before the Manila RTC Branch 18. However, the senator had already fled the country two days before he was indicted. A month later, the Manila court, then presided by Judge Myra Garcia-Fernandez, issued the arrest warrant on Lacson. In August, the Department of Foreign Affairs canceled his regular and diplomatic passports because he was deemed a "fugitive from justice" as provided by the Philippine Passport Act of 2010. On Thursday, however, Lacson's office issued a statement saying that the senator will surface only when justice is served or after he is dead, even as he reiterated his call for a reinvestigation. However, Ferdinand Topacio, lawyer of witness Mancao, said that Lacson should respect the rule of law by "yielding to its majesty" and placing himself before the jurisdiction of the courts. “We maintain that Sen. Lacson’s continued refusal to surrender is a stand that is indefensible, unjustifiable and unconscionable, and that no amount of ratiocination on alleged injustice and purported persecution can make his actions palatable," Topacio said in a statement released Friday. He likewise challenged Lacson's lawyers and his fellow senators to publicly call on the fugitive lawmaker to surrender himself to authorities. “I challenge the lawyers of Mr. Lacson to do their duty as officers of the court...I (also) call on his colleagues in the Senate to express collectively, and in no uncertain terms, an exhortation for Mr. Lacson to surrender and set a good example for the citizenry that no one is above the law," he said. In a separate statement on Friday, Senator Francis Pangilinan called on Lacson to face the accusations made against him. “If he is innocent, then he has nothing to fear. We have a new administration whose mandate is to serve best interest of the people," Pangilinan said. Earlier in the day, Lacson's mistah (classmate) Sen. Gregorio "Gringo" Honasan II backed Lacson's call for a reinvestigation into the Dacer-Corbito case. Honasan also said that he may file a resolution that will express the Senate's "sense" that the DOJ should accommodate Lacson's call for a reinvestigation. — LBG/VVP, GMANews.TV