From hiding place, Lacson attacks De Lima opinion

(Updated 6:48 p.m.) In an email to media, Senator Panfilo Lacson on Saturday criticized Justice Secretary Leila De Lima for continuing the manhunt against him despite a Court of Appeals decision last Thursday that nullified the warrant for his arrest. Communicating to the public for the first time after the CA decision, Lacson wrote in his email, “De Lima cannot place herself above any court of law. Otherwise, the justice system becomes defective and worse, will self-destruct." The fugitive senator insisted that in the hierarchy of courts, the Supreme Court (SC) is “the sole authority to reverse the Court of Appeals in its ruling and decision — not any of the lower courts of the land and certainly not the Secretary of Justice." “I and my family have suffered long enough for a crime I did not commit. I appeal to her not to confuse the public with her flawed and ill-advised legal opinion," he added. Lacson reminded De Lima that the CA had found “no probable cause" to indict him for two counts of murder and “categorically nullified" the warrant of arrest issued by the Manila RTC branch 18.
On Thursday, the CA granted Lacson’s petition to dismiss the double murder case lodged against him for the Dacer-Corbito killings a decade ago. (See: CA junks murder case vs Lacson, drops arrest warrant) The appellate court's Special Sixth Division reversed the two orders from the Manila RTC that found probable cause to indict Lacson for the death of publicist Salvador “Bubby" Dacer and driver Emmanuel Corbito in November 2000. The CA also revoked the arrest warrant issued by the Manila court against Lacson, who has been in hiding since January last year. ‘Nullified’ arrest warrant Also on Saturday, Lacson’s lawyer Alexander Poblador cautioned the Department of Justice (DOJ) and law enforcement agencies from implementing the “nullified" warrant of arrest. Poblador warned that if Lacson decides to come out and the authorities arrest him on the basis of a nullified warrant, “we will file cases against the authorities and the DOJ, if they instructed to do so, for arbitrary detention or illegal arrest." “Since the arrest warrants have been nullified, there is no more basis to deprive [Lacson] of his liberty. A person is entitled to immediate liberty, particularly considering that he is presumed innocent until the contrary is proved, and not until the appeal or motion for consideration is over," Poblador said. Poblador also cited Rule 39, Section 4 of the Rules of Court, which state that decisions like the one recently issued by the CA are “enforceable" after their issuance without having to wait for an appeal. He also cited Rule 117, Section 5 of the same rules, where the quashing of the information is immediately executory unless there is an order to file new information. “In the case of Senator Lacson, there is none," he added. The rules clearly provide that if the accused is in custody, he “shall be discharged," and that it necessarily follows that if the accused is not yet in custody, he shall no longer be put in custody, Poblador added. Lacson’s lawyer described the nullification of the arrest warrants as an “interlocutory" order—defined in jurisprudence as an order not instantly appealable and therefore cannot be suspended or interrupted by a motion for consideration. “Therefore, the nullification of the arrest warrant is immediately executory," he said. Poblador said that while other parties may still file a petition for review with the Supreme Court, the CA ruling remains in effect unless the SC issues a preliminary injunction. This is why Rule 45, Section 1 provides that a petition for review “may include an application for a writ of preliminary injunction," he said. De Lima: Warrant still in effect De Lima earlier maintained the arrest warrant against Lacson is still in effect. (See: Arrest warrant vs Lacson still in effect — Secretary De Lima) "[The CA] 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," she said. University of the Philippines (UP) College of Law Dean Marvic Leonen also said the decision is not immediately executory, explaining that there is a 15-day period “from the day of the receipt by the respondents within which the proper remedies may be taken by their counsels." UP law professor Theodore Te on the other hand 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 earlier in a text message. Palace: DOJ will comply with CA order Malacañang on Saturday, however, said the DOJ will likely comply with the CA order, saying the department may be still pressing for Lacson's arrest as it has yet to formally receive a copy of the decision. (See: Palace: DOJ to comply with CA ruling on Lacson's arrest) De Lima said the DOJ is looking at filing a motion for reconsideration within the 15-day period and if that is denied, they will elevate the case to the SC. The department may also conduct a reinvestigation, she 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, who in the meantime went into hiding. Lacson’s lawyers filed a motion for reconsideration, but the Manila court denied the motion on July 23, 2010.—JMA/JV/LBG, GMA News Online