MANILA, Philippines (4th UPDATE) - The Court of Appeals (CA) has junked the two murder cases against Senador Panfilo Lacson in connection with the Dacer-Corbito double murder case.
In an 80-page resolution penned by Justice Ramon Bato, Jr., the special 6th Division granted the petition for certiorari (review) and prohibition filed by Lacson to annul and set aside the Regional Trial Court (RTC) Manila Branch 18's orders dated February 4, 2010 and July 23, 2010 finding probable for the issuance of warrants of arrest against Lacson.
The decision said former police officer 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," the decision read.
"There are facts and circumstances admitted by Cezar Mancao showing beyond a penumbra of doubt that extraneous factors or other persons may have influenced him in the preparation of his affidavit dated February 13, 2009 thereby diluting the veracity and trustworthiness of his statements implicating petitioner as a co-conspirator in the Dacer-Corbito murder," the decision read.
The appellate court also raised doubts on why it took Mancao "8 long years before he implicated petitioner for the Dacer-Corbito murder."
"Viewed in its proper perspective, considering the facts and circumstances leading to the execution of Cezar Mancao's affidavit dated February 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 justify the filing of two separate informations for murder and the issuance of warrant of arrest against petitioner," the decision read.
Mancao's previous affidavits in June 2001 and March 2007 did not mention any involvement on the part of petitioner in the Dacer-Corbito case, but Mancao said this was in order to protect himself and his family.
"Also, it must be pointed out that the private complainants' allegation that petitioner orchestrated the killing because their father opposed petitioner's appointment as chief of the PNP is nothing but an inference or conjecture not supported by substantial evidence on record," the decision further read.
Reactions from counsels
Lacson's camp welcomed the decision. His counsel, Alex Avisado, said: "That means Sen. Lacson is cleared of murder charges. No one trusted us, but we had to stick to our legal strategy. For all intents and purposes, Sen. Lacson is free."
The Department of Justice (DOJ) prosecutors handling the case against Lacson, meantime, will be filing a motion for reconsideration in an effort to reverse the unanimous ruling.
DOJ prosecutor Hazel Valdez said, "I am very sure we will file a motion for reconsideration. That order is not final and executory."
Mancao's counsel, Ferdinand Topacio, said: "That is not final and executory. The decision will be final in 15 days unless the DOJ files a motion for reconsideration, which, I am sure, it will."
The petitioners have 15 days to file a motion for reconsideration, otherwise the decision is final and executory.
The camp of Lacson insists the order is executory unless the CA reverses itself or the Dacers are able to get temporary relief from the Supreme Court.
Avisado said: "Makakaasa po kayo na sa lalong madaling panahon ay lalabas na si Senador Lacson."
source: abs-cbnnews.com
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