MANILA, FEBRUARY 8, 2011 (STAR) By Delon Porcalla - He can still be indicted again.
As far as Malacañang is concerned, the principle of double jeopardy will not be applicable in the case against fugitive Sen. Panfilo Lacson, who was cleared of twin murders last week by the Court of Appeals (CA).
"The principle of double jeopardy will not set in," presidential spokesman Edwin Lacierda told government-run radio dzRB, noting that the senator has not yet been arraigned before the Manila Regional Trial Court.
Arraignment, Lacierda explained, "is one of the requirements for the principle of double jeopardy to set in."
Lacson has been in hiding since the warrant for his arrest was issued in January 2010.
The CA nullified the arrest warrant issued by the Manila court against Lacson. It also dismissed the double murder charges, citing inconsistencies in the statement of policeman-witness Cezar Mancao, even if no trial has commenced yet.
However, Lacierda clarified that it would still be up to the former PNP chief to come out and face the charges regarding his alleged involvement in the murder of publicist Salvador Dacer and his driver Emmanuel Corbito in November 2000.
"We can't speak for the senator in this case. It is not for us to say that. We can't impose on Senator Lacson on what he ought to do," he said, adding it would be up to Justice Secretary Leila de Lima on what course of action to take in light of the CA ruling.
The Department of Justice is of the opinion that the warrant for Lacson's arrest is still in effect because the CA ruling is not yet final and executory, which means any law enforcement agent can still serve the warrant as soon as the senator is spotted.
This angered Lacson, who said that De Lima is trying "to confuse the public with her flawed and ill-advised legal opinion" in insisting on the warrant of arrest.
Lacson said he and his family "have suffered long enough for a crime I did not commit."
"It is hitting below the intellect but is inflicting the damage that some of her prosecutors have intended to achieve to cover up for their malicious prosecution."
The senator's lawyers said the CA ruling would allow the senator to come out after being in hiding for more than a year.
Lacson accused De Lima of misinterpreting the CA ruling and overstepping her authority.
"Secretary Leila de Lima should stop using brute reason in interpreting the Court of Appeals ruling dismissing the case against me, which she claimed she has not even read," Lacson said.
"Let me remind her that in a civil and common law system like ours, the hierarchy of courts places the Supreme Court at the highest level and is therefore the sole authority to reverse the Court of Appeals in its ruling and decision, not any of the lower courts of the land and certainly not the Secretary of Justice," he added.
Even though the dismissal of the case is not yet final because of the appeals process, Lacson said the warrant of arrest against him was already nullified by the CA and should be complied with.
"The appellate court has ruled that there is no probable cause to indict me for two counts of murder and categorically nullified the warrant of arrest that the Manila RTC branch 18 issued against me. De Lima cannot place herself above any court of law. Otherwise, the justice system becomes defective and worse, will self-destruct," he said.
'Come out now'
Sen. Gregorio Honasan yesterday urged Lacson, his mistah (military school classmate), to surface and face his accusers, instead of continuously hiding.
"Right now, I second the opinion of Archbishop Oscar Cruz, that for the process to start, his physical presence is needed. Senator Lacson should be here physically," said Honasan.
"We actually don't know how Sen. Lacson feels, and what is in his mind. But he knows this, that we are worried for him at the Senate because he is unable to do his job as senator, especially now that there are many things to do, and that we should have an equal distribution of responsibility," Honasan said in Filipino over radio dzBB.
"Secondly, he should be given an opportunity to face the accusations against him. He will not be the only one who will benefit if he comes out in the open. This is not just for him but also for his family and the victims, Mr. Dacer and Corbito," he said.
Honasan and Lacson are classmates at the Philippine Military Academy (PMA) batch of 1971.
Honasan admitted that while he and his classmates are concerned for their mistah, they have not personally contacted him during the more than one year that he went into hiding.
Regarding Lacson's criticisms against De Lima, Honasan said it is better that the issue be decided by the Supreme Court.
Meantime, Senate President Pro-Tempore Jinggoy Estrada and Sen. Francis Escudero are waiting for Lacson to appear at the Senate.
Escudero, a lawyer, noted that the CA's ruling can be seen as an indication on how the Supreme Court will decide on Lacson's appeal.
"Senator Lacson may have a point in responding to Secretary De Lima's position... but as a colleague, I think he should now surface," Escudero said.
Lacson won't surface until arrest warrant issue - lawyers By Marvin Sy (The Philippine Star) Updated February 08, 2011 12:00 AM Comments (0) View comments
MANILA, Philippines - The camp of fugitive Sen. Panfilo Lacson has asked the Court of Appeals (CA) to issue a clarification on its order nullifying the warrant of arrest issued against him in light of conflicting interpretations by various sectors.
In an urgent motion for clarification filed before the CA yesterday, the lawyers of Lacson led by Alex Poblador reiterated his argument that the warrant against his client was already quashed in the decision of the appellate court last Jan. 3.
However, it was argued that the statements of Justice Secretary Leila de Lima claiming that the warrant still exists and that the manhunt against Lacson would continue should justify a clarification coming from the CA.
"Clarification is urgently needed because the position taken by the Secretary of Justice and the PNP is a continuing threat to petitioner's liberty and defeats the very essence of this Honorable Court's ruling that there is no probably cause against petitioner and he should be spared of the pain and agony of trial and arrest," the petition stated.
Poblador speculated that the emergence of Lacson from hiding was most likely delayed because of De Lima's statements.
In a statement issued last Saturday, Lacson appealed to De Lima to stop confusing the public with her "flawed and ill-advised legal opinion."
"I can understand why his surfacing has been postponed as he has explained in his letter reported yesterday, this issue has prevented him from surfacing," Poblador said.
In the motion before the CA, Poblador said that it has already been well settled that in a criminal case, relief from an order of arrest is urgent.
"The position taken by the Secretary of Justice is totally inconsistent with the urgency of the need for relief from the orders of arrest," Poblador said.
He reiterated that the filing of motions for reconsideration by the petitioners in the case of Lacson cannot stay the execution of the judgment of the CA in the absence of any preliminary injunction issued by the Supreme Court.
Poblador said he continues to advise Lacson to face the legal processes but "he has made a personal decision" so he doubts that the senator would come out until the issue on his arrest warrant is clarified.
Meanwhile, Lacson's classmates at the Philippine Military Academy (PMA) class 1971 are divided on whether he should surface or not.
Retired police deputy director-general Rex Piad said some of their classmates want Lacson to surface while others understand why he chose to evade the authorities.
"We've been meeting as a class. We are divided on the issue. Some people are advising him to come out and face the music. Others understand his situation because you know he was once a police officer. You know, going to jail might just end his life in just one second," Piad said in an interview.
"These are the considerations. When you are a peace officer, you could have sent thousands of people to jail. They might take advantage of that situation," he added.
Piad, also vice president of the PMA Alumni Association, said their class may come up with a position on Lacson during the alumni homecoming in Baguio City this month.
"I don't think (we already have an official position). Maybe when the class comes out and talks about it as a class, we can come up with a consensus maybe in the upcoming homecoming," he said. – Alexis Romero
Chief News Editor: Sol Jose Vanzi
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