Dacer family to block Lacson's move to clarify validity of arrest warrant

UPDATED 3:00 p.m. - The family of publicist Salvador "Bubby" Dacer on Wednesday questioned before the Court of Appeals (CA) the latest motion filed by the camp of Sen. Panfilo Lacson, tagged as the brains behind the killing of Dacer and driver Emmanuel Corbito in 2000. Lacson's lawyers have asked the CA's Special Sixth Division to clarify whether its recent decision dismissing the double murder charges against the senator effectively nullified the arrest warrant issued against him. The Dacer family's counsel, Demetrio Custodio, said they opposed Lacson's motion because the CA decision is not yet final and executory. The nullification of the arrest warrant is thus not yet final and executory as well, Custodio said. "We're submitting within this day an opposition to that motion saying until the resolution of the Court of Appeals is final and executory, it doesn't have the effect of liftingt the warrant of arrest and/or the dismissal of the information filed against Senator Lacson," Custodio said at a news briefing on Wednesday. In their opposition, the Dacer family's lawyers said there is no need for Lacson to clarify the CA ruling because there is no "ambiguity" on whether the nullification of the arrest warrant is immediately executory. "The Honorable Court's decision... did not expressly provide for its immediate execution, which it should have done if that was its intent... In the meantime, the Honorable Court's Decision does not attain finality and consequently may not be executed," the lawyers said. Case conference Earlier in the day, Custodio met with the Department of Justice prosecutors who filed the case against Lacson before the Manila Regional Trial Court Branch 18. Government lawyers from the Office of the Solicitor General, who are representing the DOJ in the case at the Court of Appeals, were also present at the case conference. Separate appeals Custodio said he will file a motion for reconsideration on February 19, or 15 days after the Dacer camp received a copy of the CA February 3 ruling. The OSG lawyers — who are representing the DOJ prosecutors, who are in turn representing the People of the Philippines — will file a separate motion for reconsideration because it received a copy of the CA ruling four days after the Dacer family received theirs. Custodio said that the Dacers' motion for reconsideration will discuss why the Court of Appeals erred in voiding the Manila RTC Branch 18's finding of probable cause to prosecute Lacson. "My observation is that none of the arguments of the Dacer family was even discussed. It would have been proper procedure for the court to have discussed the conflicting positions and take a position. But in this case none of the arguments presented by private prosecutors was discussed," said Custodio. "In our motion for reconsideration, we will point out why it was wrong for Court of Appeals to have taken a position without even considering the arguments of the private prosecutors," he added. Custodio also said he will contest the CA's finding that former police officer Cezar Mancao II was not a credible witness against Lacson. "There are so many presentations we've made that would explain [Mancao's] supposed inconsistencies and this was never considered, at least in that [CA] resolution," said Custodio. Mancao's lawyer to intervene Meanwhile, Mancao's lawyer, Ferdinand Topacio, said he will intervene in the case at the CA because his client's rights were supposedly violated. Topacio likewise accused the CA's Special Sixth Divsion of being biased in favor of Lacson. "Now more than ever we strongly feel this division is biased in favor of Senator Lacson. It has trampled upon the rights of my client in its hasty and unwarranted accommodation in favor of Lacson. We seek to correct this and exhaust all legal remedies starting today in order to protect the interest of my client," added Topacio. Topacio explained that the CA division committed grave abuse of discretion because it did not touch on other "serious matters" like Lacson's supposed "forum shopping" by seeking redress from the CA when he could still exhaust legal remedies at the Manila court. Topacio likewise said the CA decided on Mancao's credibility allegedly "without looking into [the Manila RTC Branch 18's] records." "In deciding that the RTC committed grave abuse of discretion, they themselves [Court of Appeals justices] committed grave abuse of discretion," added Topacio. – VVP, GMA News