Dacer family asks SC to reverse CA's pro-Lacson ruling

source: gmanews

The Supreme Court is now the legal battle ground on whether Sen. Panfilo Lacson should be tried by a Manila court for the killing of publicist Salvador "Bubby" Dacer and driver Emmanuel Corbito more than a decade ago.

On Monday, the lawyers for Dacer's daughters filed a 90-page petition for review seeking the reversal of the Court of Appeals ruling that ordered the dismissal of the double murder case against Lacson and the nullification of the arrest warrants against him.

A 1,200-page annex was attached to each copy of the petition.

The CA issued such a ruling on the basis that former police officer Cezar Mancao II, Lacson's former subordinate at the Philippine National Police, was not a credible witness.

But the Dacers' lead counsel, lawyer Demetrio Custodio, said that even without Mancao's testimony, there is still probable cause to prosecute Lacson for the Dacer-Corbito killings.

"The petition questions the ruling of the Court of Appeals, where they said that because the credibility of Mancao is suspect, there's no probable cause. But our position is that even if you take away the statement of Mancao, there is still enough evidence to establish probable cause," Custodio told reporters.

The lawyer added that the CA may have "overstepped" its jurisdiction because it is for the Manila Trial Court Branch 18 and not the appellate court to decide on Mancao's credibility and the existence of probable cause.

Sought for comment, Lacson's lawyer, Alex Poblador, said it is up to the Supreme Court whether it will accept the Dacers' appeal.

"I have yet to see a copy of their petition. Appeal is not a matter of right, but of discretion on the part of the SC. It can dismiss the petition outright or require us to submit our comment. We will wait for the SC's initial directive in this regard," Poblador said in a text message to GMA News Online.

Lacson has repeatedly denied having any motive to have Dacer finished off.

Reinstating the arrest warrants

Last February 3, the Court of Appeals' Special Sixth Division nullified the arrest warrants and ordered the dismissal of the double murder case that the Dacer family and the Department of Justice filed against Lacson before the Manila court.

The appellate court, however, denied the pleadings filed by the Dacers and the DOJ. On March 18, the CA said that the nullification of the arrest warrants is immediately executory. The CA added that only the Supreme Court can reinstate the arrest warrants against Lacson.

Lacson surfaced on March 26, almost a week after the CA handed down its ruling and more than a year after he went into hiding.

On Monday, Custodio said that should the Supreme Court reverse the CA decision, this includes the revalidation of the arrest warrants against Lacson.

"The legal consequence of that is that the cases against Senator Lacson, which were ordered dismissed, will be reinstated. It will mean that the arrest warrants that were ordered nullified will be reinstated," said Custodio.

He added that should the SC decide that the arrest warrants are still enforceable, Lacson should no longer go into hiding again.

"I hope that he will no longer flee if the Supreme Court reverses the Court of Appeals. Now the rule of law will prevail and that the warrants will be served and executed," Custodio said.

Enough evidence vs Lacson

Custodio also dwelled on why there was enough evidence to pin down Lacson even without Mancao's testimony.

Lacson was Mancao's former superior at the now defunct Presidential Anti-Organized Crime Task Force (PAOCTF), the police unit that allegedly carried out Dacer's and [Emmanuel] Corbito's killing on Nov. 24, 2000.

Custodio said that Lacson could still be implicated because of his ties with the PAOCTF.

"We all know that Operation Delta, where they abducted and killed Bubby Dacer and his driver, that's the operation of the PAOCTF. And we know that Senator Lacson was the head of the PAOCTF. That, at the very least, will tell you that it was something he should have known or may have consented to. That's already sufficient probable cause, " said Custodio.

source: gmanews