Lacson won't surface anytime soon

MANILA, Philippines - Sen. Panfilo Lacson is not expected to surface anytime soon amidst a raging debate if the Court of Appeals' (CA) decision quashing the murder charges against him is final and executory.

Lacson lawyer, Atty. Alex Poblador, said it is their position that the cancellation of the arrest warrant is immediately executory citing Supreme Court jurisprudence.

Poblador said the Department of Justice (DOJ) is not precluded from filing a motion for reconsideration (MR) with the CA or going to the Supreme Court for a temporary restraining order against the CA's decision on the arrest warrant. However, for as long as there is no temporary restraining order (TRO) on the CA decision to set aside and nullify the arrest warrant, Poblador insisted it should be deemed quashed.

He also warned that should the senator be arrested on the basis of the arrest warrant that has already been set aside by the CA, he will file charges of illegal arrest and graft against arresting authorities and those who ordered it.

Justice Secretary Leila de Lima earlier expressed belief that unless the CA resolution explicitly said that the arrest warrant is revoked immediately, then the arrest warrant won't be lifted until the appeals process is finished. De Lima also believes the case is not yet covered by the bar against double jeopardy.

"On the issue of warrant of arrest, I take the position na unless there is a categorical pronouncement that setting aside of warrant of arrest is final and executory, I don't think it's lifted," she told ABS-CBN News.

De Lima said she has yet to read the CA decision junking the 2 two murder cases against Lacson in connection with the Dacer-Corbito killings in 2000. She said the justice department will study its options, including the possible filing of a motion for reconsideration or elevating the matter to the Supreme Court.

"I need to be convinced first of justifications. If we feel there are errors, we can take the option of filing an MR [motion for reconsideration] but if I see enough basis, what would be the appropriate route with the end goal of closure? What is the hanging issue? Who was behind it? The brains? The mastermind?" she said.

CA clears Lacson

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."

The justice chief noted that when she assumed office, the case was already with the regional trial court, and that she did not review the case since there was no petition for review.

She said probable cause is the core issue.

She also noted that the filing of the murder charges against Lacson by the previous administration had a political dimension since he was a vocal critic of then President Gloria Macapagal Arroyo. "He was a victim of persecution that time," she said.

Angara: Lacson should go back to work

Poblador, meanwhile, advised his client to surface and face the charges, noting that the CA's decision gives him more reason to show up. Lacson has been in hiding since January 2010 after he was linked to the Dacer-Corbito killings.

Sen. Edgardo Angara said he also expects Lacson to come out of hiding, go back to the Senate and resume his work. However, he also said it may not be the end of the process since a motion for reconsideration may still be filed with the Supreme Court.

Angara said it is almost automatic that the arrest warrant for Lacson has been withdrawn. However, if an MR is filed and approved, the arrest warrant will be reinstated.

The senator said this, in effect, renders the testimony from Cezar Mancao junked.

Angara said a new case may still be filed. If there is new evidence, the new case will not be covered by the bar on double jeopardy.

On the other hand, if he is charged again with no new evidence and is acquitted, that will be covered by the bar on double jeopardy.

Lacson's salary, budget not restored

Senate Secretary Atty. Emma Lirio-Reyes said the Senate has not yet moved to restore Lacson's salary and budget despite the recent CA ruling.

She said the CA decision is not yet final and is subject to appeal within 15 days.

She said they will only reopen Lacson's office once the Court issues a final ruling, and if he surfaces.

Lacson's office has been closed, his salary and budget suspended, and his staff reassigned to the Senate Secretariat since October 2010.

Palace washes hands of CA decision

Malacañang, meanwhile, washed its hands of the CA decision to junk the murder charges against Lacson, who is a known ally of President Benigno Aquino III.

“We were just as surprised na nagkaroon ng ganoong desisyon,” Presidential spokesperson Edwin Lacierda said.

Lacierda said the Palace had nothing to do with the decision, and said the government was committed in finding Lacson.

“Clearly, from the very start, wala pong ganoon. Kung talagang mayroon po ay matagal na pong napalaya si Sen. Lacson. Nakita n’yo naman ang actuations ni Secretary Leila de Lima. She believed na, in fact, there was a petition, motion to reinvestigate, she denied that. This government is committed to due process, and also, you know that our relationship with the judiciary is not exactly that warm and fuzzy,” he said.

He added: "Naniniwala kami na the full resources of the government were used in trying to locate Sen. Lacson. In fact, again, if I’m not mistaken, Secretary Leila de Lima expressed frustration over the lack of leads to locate Sen. Lacson. We do not believe that we were remiss in our duties."

Lacierda said he will leave it up to the senator if he wants to surface soon.

He also said it was too early to comment on whether or not Lacson is being considered for a position in the Aquino Cabinet.

source: abs-cbnnews