SC junks indictment bid vs Lacson

MANILA, Philippines –  The Supreme Court (SC) yesterday denied the bid of the daughters of slain publicist Salvador Dacer to hold Sen. Panfilo Lacson liable for the killings of their father and his driver Emmanuel Corbito in November 2000.

In a 12-page resolution, the Third Division of the Court dismissed the petition of siblings Carina Dacer, Sabina Reyes, Emily Hungerford and Amparo Henson that sought the reversal of the ruling of the Court of Appeals (CA) last February that cleared Lacson of involvement in the double murder case.

The Court ruled that petitioners lacked legal standing to question the CA ruling because they are no longer a party-in-interest in the case defined in criminal law rules.

“The right of the petitioners to file the petition for review on certiorari to seek on appeal the reversal of the CA’s dismissal of the criminal action without the conformity and participation of the Office of the solicitor General (OSG) is nonexistent. Hence, they are not the real parties in interest to appeal by petition for review,” it stressed.

The SC cited rulings in numerous cases that only the Solicitor General may bring actions in behalf of the Republic of the Philippines, or may represent the people or the state in criminal proceedings before the Court or the CA.

“This Court, for very important policy and institutional reasons, has consistently followed the rule that only the State and its representatives may appeal the dismissal of a criminal action,” it added.

The Court junked the claim of petitioners that they were denied due process when the OSG decided not to appeal the CA decision despite their counsel’s repeated prodding.

The petitioners said that under the rules, a private complainant in a criminal case may file a petition for review directly with the Court on two grounds: one, when there is a denial of due process of law to the prosecution, and the state or its agents refuse to act to the prejudice of the state and the offended party; and, when the private offended party assails the civil aspect of a decision of a lower court.

The SC, however, said that there was no denial of due process on the part of the Dacer family since based on the records of the case they were allowed to participate in the proceedings in the appellate court.

“Such vigorous participation satisfied the requirements of due process to afford the parties a fair and reasonable opportunity to explain their respective sides of the controversy,” the SC declared.

In a related development, Justice Secretary Leila de Lima said Lacson would still be summoned in the reinvestigation of the double murder case along with former police senior superintendents Michael Ray Aquino and Cezar Mancao II, and superintendent Glenn Dumlao and other witnesses.

The OSG and the Department of Justice have agreed to re-investigate the Dacer-Corbito case to determine who is the real mastermind after the CA found insufficient the evidence of the DOJ to indict Lacson for the crime.

The reinvestigation, according to De Lima, will start once Aquino is extradited from the United States.

The US government has given the Philippine government until July 3 to fetch Aquino after the US Court of Appeals denied the former police officer’s bid to stop his extradition.

Last Feb. 3, the CA said the double murder case against Lacson had no basis because there were inconsistencies between Mancao’s June 21, 2001 and Feb. 13, 2009 affidavits.

“Under oath, he contradicted himself on material points. Inconsistencies and material contradiction affect the credibility of Cezar Mancao and the veracity of his statements,” the CA ruled.

The CA said the Manila RTC erred in ordering Lacson’s arrest.

The Dacers appealed the ruling before the CA, arguing that the supposed inconsistencies found in Mancao’s testimonies “refer only to minor details that neither impeach Mancao’s credibility nor affect the finding of probable cause” against Lacson.

They added that the proper venue to discuss Lacson’s credibility was at the trial stage at the Manila RTC.

But in a resolution released last March 21, the special sixth division of the CA affirmed its decision and dismissed the appeal.

Lacson appealed to the courts to treat Aquino fairly and detain him in a safe detention facility.

He hopes Aquino would be able to shed more light and even bring closure to the double murder case of Dacer and Corbito.

“Hopefully this will be the case (Aquino as key to the case) so that

there will be closure. But at the end of the day, it is he who will decide what kind of defense he will put up,” Lacson said.

Lacson admitted that he tried to keep himself abreast of the developments of Aquino while he was in the United States through his wife.

Mancao waiting for Aquino

Mancao said he is waiting for the return of Aquino from the US.

Aquino is expected to return to the country on July 3 following his extradition.

De Lima said Aquino’s extradition is now final and the former police officer would finally face criminal charges for the Dacer-Corbito killings.

Mancao is hoping that Aquino would finally tell the truth about the Dacer-Corbito double murder case.

Aquino was among those who were charged for the Dacer-Corbito case.

Aquino left the Philippines and moved to the United States, where he was tried for illegal possession of classified documents since he helped transmit information regarding then President Gloria Macapagal-Arroyo to her political opponents, including former President Joseph Estrada and Senator Lacson.

Meanwhile, National Bureau of Investigation (NBI) agents might leave anytime next week for the United States for the extradition of Aquino.

Lawyer Claro de Castro, Jr., chief of the NBI Foreign Liaison Division (formerly the Interpol Division), said they are now preparing all the documents needed for the extradition of Aquino.

De Castro and NBI-Ninoy Aquino International Airport (NAIA) Division chief Jesus Manapat was tasked to escort Aquino from Los Angeles to Manila. –Edu Punay, Edith Regalado, Sandy Araneta, Philippine Star