CA junks murder case vs Lacson, drops arrest warrant

(Updated 6:15 p.m.) The Court of Appeals on Thursday granted the petition of Sen. Panfilo Lacson to dismiss the double murder case lodged against him for the Dacer-Corbito killings a decade ago. In an 80-page ruling, the appellate court's Special Sixth Division reversed the two orders from the Manila Regional Trial Court Branch 18 that found probable cause to indict Lacson for the killings of publicist Salvador Dacer and driver Emmanuel Corbito in November 2000. The CA also revoked the arrest warrant the Manila court issued against Lacson, who has been in hiding since January last year. "The orders dated Feb. 4, 2010 and July 23, 2010 of public respondent court [Manila RTC Branch 18] finding probable cause for the issuance of warrants of arrest against petitioner [Lacson] are nullified and set aside. The informations in Criminal Cases Nos. 10272905 and 10272906 are hereby dismissed," said the CA. The informations are the criminal cases filed by the Department of Justice before the Manila court. Pressed for comment, Justice Sec. Leila de Lima sent this text message to reporters: "Let me read first the resolution before I issue a reaction." Meanwhile, Sen. Lacson's lawyer Alex Avisado called on his client to come of out of hiding following the CA's dismissal of the cases. In an interview on dzBB radio, Avisado said, "Lumabas na ho sana siya ngayon na na-dismiss na yung kaso niya at maipagpapatuloy niya ang kanyang mga gawain." When asked if he has communicated with the Senator recently, Avisado said, "Magmula noong January 2010, hindi na siya tumawag sa akin (Since January 2010, he has not contacted me yet.)" Associate Justice Ramon Bato penned the CA ruling, with the concurrence of Associate Justices Juan Enriquez and Isaias Dicdican. Lacson has been tagged as the brains behind the killings of Dacer and Corbito on Nov. 24, 2000. At that time, Lacson headed the Philippine National Police and the now defunct Presidential Anti-Organized Crime Task Force (PAOCTF). The PAOCTF allegedly carried out the twin killings. Honasan hails CA decision Senator Gregorio Honasan, who is Lacson’s class 1971 “mistah" at the Philippine Military Academy, said that the CA decision "vindicates" Lacson, adding that it is a victory for due process. "I am glad that due process has been served. It paves the way for the surfacing of Sen. Lacson. He can now surface and serve his constituents," Honasan said in an interview with reporters. With this development, he said Lacson can finally attend to his duties as a senator. "It’s not only good for the Senate but also for the Philippines. It reinforces the faith in the public system," he said. In a separate report by Nimfa Ravelo aired over dzBB, Honasan also said he is hoping his Senate colleague will reemerge from hiding anytime soon. He said he has been informed that Lacson is staying inside the country.
Mancao not a credible witness On Thursday, the CA said there is no legal basis to charge Lacson for the Dacer-Corbito killings because the witness used against him, former police Superintendent Cezar Mancao II, was not credible. Mancao was Lacson's subordinate at the PAOCTF. The CA said there were inconsistencies between Mancao's June 21, 2001 and February 13, 2009 affidavits. (See key portions of Mancao's affidavit here.) "Cezar Mancao is not a credible and trustworthy witness. Under oath, he contradicted himself on material points. Inconsistencies and material contradiction affect the credibility of Cezar Mancao and the veracity of his statements," said the Court of Appeals. Because of such inconsistencies, the Makati RTC Branch 18 should not have ordered Lacson's arrest, added the CA. The appellate court further held: "Viewed in its proper perspective, considering the facts and circumstances leading to the execution of Cezar Mancao's affidavit dated Feb. 13, 2009 as well as material contradictions and inconsistencies affecting his credibility and the credibility of his story, there is no probable cause that could legally justify the filing of two separate informations for murder and the issuance of warrant of arrest against [Lacson]." The CA said the following circumstances made it conclude that Mancao was not a credible witness: In September 2007, Mancao himself admitted on redirect-examination that former military intelligence chief Brig. Gen. Romeo Prestoza called him and asked him "to fabricate some information or charges against Senator Lacson." Mancao said Prestoza promised him his reinstatement to police service, financial support and relocation of his family to Singapore. The appellate court also noted that Mancao, in separate interviews with GMA News reporter Maki Pullido and with Radio DZMM's “Tambalang Failon at Sanchez", admitted that he was offered to migrate to Singapore in exchange for testifying at the Manila court against Lacson. The CA noted Mancao's admission that two months before he executed the February 2009 affidavit, Mancao spoke with former Justice Secretary Raul Gonzalez, who is widely known to be allied with former President Gloria Macapagal-Arroyo. Lacson went into hiding in January 2010 because he claimed that the Arroyo administration was persecuting him. This was because had staunchly criticized and exposed alleged anomalies against Arroyo and her allies. The appellate court then said that in the absence of a probable cause to prosecute Lacson for the Dacer-Corbito murders, Lacson "should be relieved from the pain and agony of a trial" and that his constitutional right to be presumed innocent should take precedence. PNoy: No comment for now Meanwhile, President Benigno Aquino III refused to comment on the CA decision clearing Lacson. “I'd rather not comment on something that I have not read or seen. So I think I'll be commenting on something in a very blind manner… I'd rather see what the decision was," the President said. — With Kimberly Jane T. Tan, Amita O. Legaspi, RSJ/JV, GMANews.TV