Gringo, lawyer clueless on when Lacson would surface

The lawyer of fugitive Sen. Panfilo Lacson is clueless on when the lawmaker would surface after the Court of Appeals (CA) cleared him in the Dacer-Corbito double murder case. In a radio interview, lawyer Alex Poblador said Dacer’s family will possibly appeal the CA's decision before the Supreme Court (SC). "I imagine he understands there can be a motion for reconsideration or an appeal to the Supreme Court, which is not a matter of right. But our opinion is that even if the CA’s decision were to be contested, the CA’s setting aside of the arrest warrants on Lacson is immediately executory," Poblador said on dwIZ radio on Friday. In a separate interview on radio dzBB on Friday, Poblador said the senator will likely surface at the "right time and place." "I'm hopeful he will surface. My advice to him has always been to face the charges. I suppose he will pick the right time and place in doing so," he said.

Sen. Gregorio Honasan II, Lacson’s batch mate at the Philippine Military Academy, Class 1971, said he was also clueless on when Lacson would surface. "He has not called me but I look forward to shaking his hand at the Senate. With so much legislative work to do, we welcome him helping us bear the burden," Honasan said in Filipino in an interview on dwIZ on Friday. Lacson has been in hiding since January 2010. He reportedly went abroad days before a Manila court issued a warrant for his arrest. CA ruling On Thursday, the Court of Appeals granted Lacson’s plea seeking the dismissal of the double murder case against him for the disappearance and death of publicist Salvador "Bubby" Dacer and his driver Emmanuel Corbito in November 2000. The CA, in an 80-page decision, also ordered the immediate recall of the arrest warrant issued against the senator by the Manila Regional Trial Court Branch 18. In junking the case against Lacson, the appellate court noted that former police Senior Superintendent Cezar Mancao II, whose testimony linked Lacson to the case, "is not a credible and trustworthy" witness of the prosecution. Meanwhile, a lawyer representing Dacer’s family said they are working to appeal the CA’s decision. "The Dacer family is joining forces with the Department of Justice family to appeal the decision," Ferdinand Topacio said in a separate interview on dwIZ. He also insisted that the CA decision is not immediately executory as they can still file a motion for reconsideration or take the case to the Supreme Court. "The decision becomes final and executory if the People of the Philippines through the DOJ or Dacer’s family will not contest the CA decision. But that situation does not exist yet," he said. Topacio also claimed the CA decision was a symptom of an "abnormal criminal justice system" where "you can expect the unexpected" and only the small people are punished. But Poblador downplayed the chances the CA’s decision will be reversed, saying the only way for the case to be revived is for the prosecution to present new evidence. He said the only new evidence are affidavits in favor of Lacson, including those of former Senior Superintendent Glenn Dumlao, former police Senior Superintendent Michael Ray Aquino, and Lacson’s former driver Reynaldo Oximoso Jr. Dumlao, Aquino and Oximoso have all denied Mancao’s claim that Lacson planned the killing of Dacer sometime in 2000. ‘Appeal to SC not matter of right’ Poblador also said the CA’s decision dismissed the case and directly set aside the arrest warrants on Lacson, and that there is no need for the Manila court to do anything. He also said any appeal by the prosecution will not be a matter of right and is purely discretionary. "They can file a motion for reconsideration. If that is denied they can appeal to the Supreme Court. But that appeal is not a matter of right, it’s purely discretionary and is restricted only to questions of law and not to questions of fact. And even if this process is followed our position is that the setting aside of the arrest warrant is immediately executory," he said. "Since the petition for certiorari is what was filed, the appeal to the Supreme Court is only discretionary, it’s not a matter of right. So they cannot say they still have a right to appeal before the Supreme Court, only the Supreme Court can decide that. And the cases are very restricted," he added. Relief and happiness Poblador said Lacson’s family welcomed the CA's decision with a "mixture of great relief and happiness." "I can imagine if they conveyed the information to the senator, I can imagine that he would be extremely happy," he said. When asked how he felt upon learning of the CA’s decision, he said, "more relief than anything else." At the Senate, Honasan, said the senators will meet on Monday to decide what to do with Lacson’s office, which has been closed since October last year. [See: Senate puts off Lacson's office budget, salary] "Dedesisyunan yan ng mga senador. I’m sure alam yan ni Sen. Enrile at pupulungin kami kung magdesisyon kung ibabalik agad ito o hintayin ang final decision ng nararapat na korte (The senators will decide on what to do with his office. I’m sure Senate President Juan Ponce Enrile knows about it and we will meet on whether to reopen his it immediately or wait until the decision becomes final)," he said. "Malamang pag-usapan namin sa Lunes (We will likely take it up on Monday)," he added. — LBG/RSJ/VVP, GMANews.TV