SC REVIEW OF DACER-CORBITO CASE CAN STILL CLEAR PING - DE LIMA
MANILA, NOVEMBER 6, 2010 (STAR) By Edu Punay - The Department of Justice (DOJ) can still clear Sen. Panfilo Lacson of involvement in the murders of publicist Salvador "Bubby" Dacer and his driver Emmanuel Corbito, Secretary Leila de Lima said yesterday.
De Lima said the DOJ has the option of reviewing the case against the fugitive senator even if the case is already being tried.
De Lima said she has "plenary power as Secretary of Justice" to reinvestigate the case.
"But this option (of using plenary power) is only resorted to if there is clear basis," she said.
De Lima said a reinvestigation is proper when there is newly discovered evidence that could affect the outcome of the case.
She said this is allowed under the DOJ rules even if the trial in court has already ended.
If prosecutors come up with a conclusion differing from results of their earlier preliminary investigation during reinvestigation, De Lima said they should file a motion for retrial in court.
De Lima said the same rule could apply to Lacson, particularly since the senator has yet to be arraigned.
"I can always exercise that option of plenary authority for reinvestigation, but any result or outcome of my reinvestigation will be subject to approval by the court," she said.
Lacson had gone into hiding shortly before the Manila regional trial court issued the warrant for his arrest.
Lacson was accused of masterminding the murder of Dacer and Corbito in November 2000.
De Lima said Lacson could avail himself of the legal remedy if the testimonies of the witnesses against him are inconsistent and contradictory.
De Lima noted that the key witnesses in the case – including state witness former police senior superintendent Cesar Mancao and former police superintendent Glenn Dumlao – made inconsistent statements and in some instances, retracted their testimonies.
According to De Lima, she is personally reviewing the case but stressed she sees no basis to use her plenary power and order a review of the case at this point.
She said her attention is focused on upholding the decision of the court to arrest Lacson.
De Lima met the team of National Bureau of Investigation (NBI) tapped to hunt down Lacson yesterday.
She refused to reveal her instructions to the NBI team, citing operational security.
"I gave them appropriate instructions so the direction and the focus is to really track him down and to get him the soonest," she said.
De Lima replied to the challenge of Senate President Juan Ponce Enrile for her to just arrest Lacson and shut up.
"I respect the opinion of some of our leaders whenever they say those things about me... (But) I don't need any challenge because I am just doing my job," she said.
De Lima said part of her job is to give updates, or lack of it, to the media on the possible whereabouts of Lacson.
"I have to say things because the media would ask me and I believe very firmly in transparency," she said.
Sen. Alan Peter Cayetano, on the other hand, said he expects the case of bringing Lacson to justice to be a test of will of the Aquino administration.
Cayetano said he expects the administration to be friendlier to Lacson.
"We appreciate that they are serious about this case. I hope due process will be given to Senator Ping," he said.
He said Lacson should also note that the Aquino administration would be more receptive.
"If he really believes his innocence, I think this government should also give him an assurance that he'll really have due process," Cayetano said.
De Lima earlier confirmed receiving intelligence reports on the possible whereabouts of Lacson.
Reports revealed Lacson is being provided safe haven by a businessman in Batangas, Cebu and Palawan.
The source only described the businessman friend of Lacson as a "sardines magnate who also owns a Chinese restaurant and a garment manufacturing company ."
De Lima has also confirmed that her office has received another report revealing Lacson is already in the country.
Cayetano though expressed concern over the reports, saying this is part of the tactic to get Lacson to come out in the open.
Cayetano said it would be better if "there will be less talk about this and then just do what must be done."
Cayetano, as chairman of the Senate ethics committee, also gave assurance that Lacson would be given due process in the complaint filed against him by the Volunteers Against Crime and Corruption (VACC).
The VACC accused Lacson of abandoning his post and violating the law by continuing to evade the warrant of arrest issued against him.– With Marvin Sy
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