COURT OF APPEALS CLEARS LACSON IN DACER CASE MURDER
[PHOTO - PING Lacson ]
MANILA, FEBRUARY 4, 2011 (STAR) By Sandy Araneta - Citing numerous contradictions in the testimonies of a key witness, the Court of Appeals (CA) dismissed yesterday the criminal charges filed against fugitive Sen. Panfilo Lacson in connection with the murder of publicist Salvador Dacer and his driver Emmanuel Corbito in 2000.
In an 80-page decision of the CA's Special Sixth Division written by Associate Justice Ramon Bato Jr., the court also quashed the arrest warrant for Lacson, who has been in hiding since its issuance.
The court said it found no probable cause to legally justify the filing of two murder cases against Lacson. It granted Lacson's petition to annul the warrant for his arrest issued and affirmed by the Manila Regional Trial Court (RTC) Branch 18 on Feb. 4 and July 23 last year.
Lacson was charged in court for the kidnapping and brutal murder of Dacer and Corbito in November 2000.
Concurring with the decision were Associate Justices Juan Enriquez Jr. and Isaias Dicdican. It was certified by Justice Enriquez as chairman of the Special Sixth Division.
The CA decision cited contradictions in the testimonies of a key state witness, former Senior Superintendent Cezar Mancao of the now defunct Presidential Anti-Organized Crime Task Force (PAOCTF), which Lacson once headed.
Other former PAOCTF members are on trial for the twin murders. The charges filed by Dacer's family accused Lacson of being the mastermind.
Mancao's counsel, Ferdinand Topacio, said the CA decision is not yet final and executory and can be appealed and elevated to the Supreme Court.
"It is just one step, and not the last in the criminal justice (system). It is always a long and arduous road to truth and justice, specially in this country," said Topacio in a text message to The STAR.
Justice Secretary Leila de Lima refused to comment on the CA decision.
The CA had cited several contradictions made by Mancao in his statements.
"The propensity of Cezar Mancao to contradict himself under oath is further manifested in his statements denying any knowledge or information on the existence of the so-called 'special operations.' In his counter affidavit dated June 21, 2001 and in his affidavit dated March 1, 207, he (Mancao) never mentioned or implicated Lacson in the so-called 'special operations'," said the CA.
The CA also cited that in his counter affidavit dated June 29, 2001, Mancao even denied meeting Michael Ray Aquino, another co-accused and also a former member of PAOCTF
But strangely, in paragraph 7 of his affidavit dated Feb. 13, 2009, Mancao contradicted himself when he declared under oath that Lacson and Malacañang had approved and cleared the "special operations."
"Indubitably, to add flavor to the alleged meeting, which Cezar Mancao denied to have transpired in his affidavit dated June 29, 2001, in an obvious effort to implicate petitioner, Cezar Mancao asserted eight years after that Aquino allegedly told him that the so-called 'special operations' was previously approved by Lacson and by Malacañang itself," said the CA.
The CA said, as shown in the affidavits, "Mancao is not a credible and trustworthy witness."
Under oath, he contradicted himself on material points, the court said.
Under the circumstances, with the above-cited conflicting statements or serious discrepancy on a material fact, the Branch 18 Manila Regional Trial Court judge should have denied the issuance of a warrant of arrest and dismissed the case against Lacson for lack of probable cause, the CA said.
Aside from the contradictions on material points, despite assertion of Mancao in his affidavit issued on Feb. 13, 2009 that he "freely, voluntarily and intelligently, without any force, intimidation, threats or any form of duress being exerted on myself or any of my family members by the government of the Republic of the Philippines or any of its officials or employees," nonetheless, the court said it entertains serious doubt on the veracity and reliability of his statements.
"There are facts and circumstances admitted by Mancao showing beyond a penumbra of doubt that extraneous factors or other persons may have influenced him in the preparation of his affidavit… thereby diluting the veracity and trustworthiness of his statements implicating the petitioner as a co-conspirator in the Dacer-Corbito double murder case," the appeals court said.
The CA also cited that Mancao had admitted in court in his direct examination on Sept. 27, 2007, that Intelligence Service of the Armed Forces of the Philippines (ISAFP) chief Brig. Gen. Romeo Prestoza called him (Mancao) and asked him "to fabricate some information or charges against Senator Lacson," promising him his reinstatement to the police force, financial support and relocation of his family to Singapore.
This was also reiterated in a television interview with Maki Pulido of GMA-7 in Aug. 6, 2008 and in an interview on Aug. 12, 2008 with dzMM.
Mancao admitted during cross-examination that before he executed his affidavit in the early part of December he talked to then Justice Secretary Raul Gonzalez by telephone.
The witness also declared in cross-examination on the existence of an "exploratory meeting" on Feb. 12 before he executed his affidavit wherein his statements "will be used for a case" attended by "people from the Philippines" represented by Assistant or Undersecretary Ernesto Pineda, Undersecretary Oscar Calderon who is also under the DOJ, a lady prosecutor and National Bureau of Investigation (NBI) Regional Director Ricardo Diaz.
As pointed out by the petitioner in his counter-affidavit dated Oct. 26, 2009, on cross-examination, in answer to the question who prepared the affidavit he subscribed to before a consul on Feb. 14, 2009, Mancao replied, "It was prepared by the panel, we read the draft, it was made (in) more than 24 hours."
The CA also said when asked whether the panel of prosecutors gave inputs in the preparation of the affidavit, Mancao answered, "Guidance, Sir."
"Viewed in its proper perspective, considering the facts and circumstances leading to the execution of 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 legally justify the filing of two separate information for murder and the issuance of warrant of arrest against petitioner," said the CA.
The CA said the private complainants' (Dacer family's) allegation that petitioner orchestrated the killing because their father opposed petitioner's appointment as chief of the Philippine National Police (PNP) is nothing but an inference or conjecture not supported by substantial evidence on record.
"In fine, there being no probable cause to legally justify the filing of two separate information for murder against petitioner, consistent with his constitutional right to be presumed innocent and in consonance with existing jurisprudence, he should be relieved from the pain and agony of trial," the CA said.
Senate President Pro-Tempore Jinggoy Estrada said the CA decision does not mean that Lacson is already exonerated from the case.
"The case will still continue. It only revoked the warrant of arrest. He (Lacson) will now have the chance to air his side. I'm happy for him that he can now go back and perform his duty as senator, He can now come back anytime whenever he wants, he can show up," Estrada said.
Honasan welcomes CA ruling
Sen. Gregorio Honasan welcomed the decision of the CA dismissing the charges filed against Lacson, saying that there is no more obstacle for the fugitive senator to come out of hiding.
Honasan said that he is happy for Lacson who was his classmate in the Philippine Military Academy Class 1971.
"I am glad that due process has been served. It paves the way for the surfacing of Senator Lacson," Honasan said.
He lauded the CA for recognizing the merits of the case as presented by the camp of Lacson.
Honasan said that even if government prosecutors appeal the case, Lacson would already be free from fear of being arrested now that his warrant of arrest has been revoked.
"This vindicates Sen. Lacson. He can now surface and serve his constituents," Honasan said.
Aside from being classmates at the PMA, Honasan and Lacson share something in common – both went into hiding to evade arrest.
"I consider this a triumph, a good development, a victory for the system. It's not only good for the Senate but also for the Philippines. It reinforces the faith of the public in the system," Honasan said.
"It has been long and turbulent (for Lacson). There are no more obstacles for his return to the Senate," he added.
He said that it would be up to Lacson to decide if he still wants to give his side of the story when he emerges.
Lacson's lawyer Alex Poblador declined to comment on the CA resolution because he does not have a copy of it yet.
The camp of Lacson has been asking for a reinvestigation of the case in light of new and compelling evidence supporting his claim of innocence.
Lacson cited state witness Mancao's own admission that he "only learned of the sordid affair ex post facto" which, according to the accused senator, was a tacit admission that Mancao fabricated his earlier testimony that he overheard him order another subordinate officer to commit the murders which "served as the sole basis for the finding of probable cause against me."
Lacson went into hiding before the Regional Trial Court issued a warrant for his arrest. He left the country early January last year, just before the warrant was issued.
"I maintain that I am a victim of persecution because of my strong advocacy against graft and corruption during the past administration," Lacson said in a previous statement. With Marvin Sy
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