Arrest warrant vs Lacson still in effect — Secretary De Lima

(Updated 7:04 p.m.) The arrest warrant against Sen. Panfilo Lacson, who remains in hiding after getting implicated in the killings of veteran publicist Salvador "Bubby" Dacer and driver Emmanuel Corbito, remains in effect even if the Court of Appeals has voided it, Justice Secretary Leila de Lima said on Friday. "[The Court of Appeals] ruling is not immediately executory. The warrant of arrest is still existing. That's why I was bent on implementing the arrest warrant. It's still effective," said De Lima on the sidelines of a Philippine National Police activity. The justice chief's statement contradicted the assertion of Lacson's lawyer Alex Poblador, who had said, "The CA’s setting aside of the arrest warrant against Lacson is immediately executory." Sought for his legal opinion, University of the Philippines law professor Theodore Te explained that the arrest warrant is deemed nullifed, even as it is still subject to the DOJ's appeal. "If Lacson shows up today, he can't be arrested because the CA decision is effective until reversed," Te said in a text message. On the other hand, UP College of Law Dean Marvic Leonen posted this opposing opinion as his Facebook status in reaction to the news about the CA decision: “There is still a fifteen (15) day period counted from the day of the receipt by the respondents within which the proper remedies may be taken by their counsels. The decision is not immediately executory. Any evaluation of the merits of the case should be preceded by a professional appreciation of the contents of the decision of the Court of Appeals."
De Lima said the Department of Justice – which filed the double murder case against Lacson before the Manila Regional Trial Court Branch 18 – has two options in dealing with the CA's decision. "It's either we file a motion for reconsideration within the 15-day period. If that will be denied, then it can be elevated to the Supreme Court," she said. "We can also see if we can conduct a reinvestigation," De Lima added. In January 2010, the DOJ found probable cause to charge Lacson for the crime after conducting an investigation on the Dacer-Corbito double-murder case. The agency filed the criminal case against Lacson before the Manila court, which agreed with the DOJ's findings on Feb. 4, 2010 and issued a warrant of arrest against the senator. Lacson filed a motion for reconsideration, but the Manila court denied the motion on July 23, 2010. CA ruling Before the Manila court's July decision, however, Lacson also filed a petition for certiorari before the Court of Appeals questioning the Manila court's February ruling and issuance of an arrest warrant. On Thursday, the CA voided the Manila court's rulings and nullified the arrest warrant issued against Lacson. The appellate court likewise dismissed the criminal charges the DOJ lodged against the senator. "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 information in Criminal Cases Nos. 10272905 and 10272906 are hereby dismissed," said the CA. The CA made the ruling on the basis of its findings that the witness against Lacson, former police Superintendent Cezar Mancao II, was not "credible and trustworthy." But De Lima questioned whether it was appropriate for the Court of Appeals "to delve on the issue of the witness' credibility" when the merits of Lacson's petition was on the Manila court's determination of probable cause against him. —LBG/YA, MRT/JV, GMANews.TV