DOJ asks Supreme Court: Allow revival of Kuratong

The Department of Justice (DOJ) asked the Supreme Court yesterday to reverse a Court of Appeals ruling preventing the revival of the Kuratong Baleleng multiple murder case.

This developed as an anti-plunder group said the alleged summary execution of 11 Kuratong Baleleng gang members in May 1995 remains the "most documented and strongest case yet" against Sen. Panfilo Lacson, who is also being accused of amassing millions in unexplained wealth and having links to the illegal drug trade.

In an 89-page petition, the DOJ along with the Office of the Solicitor General said the appellate court erred when it permanently barred prosecutors from pursuing multiple murder charges against Lacson and 37 other police officers belonging to the defunct Presidential Anti-Crime Commission (PACC) and the Philippine National Police (PNP).

The Court of Appeals’ special third division ruled on Aug. 24 that Lacson can no longer be tried in the Kuratong Baleleng case because the murder charges had been dismissed in March 1999 by then Quezon City Judge Wenceslao Agnir.

It noted that dismissals that were not appealed for two years become final.

However, the DOJ said the gravity of the charges against Lacson merits the reopening of the case at this time when there are at least three new witnesses willing to testify against.

The DOJ explained that "substantive criminal law" allows a period of 20 years for the filing of charges against anyone who is suspected of committing a crime punishable by at least 20 years in jail.

Justice Secretary Hernando Perez said the DOJ is hoping the Supreme Court would allow the reopening of the case. "We hope that the High Court would allow the case to be tried in the proper forum," he said.

Perez was joined by Philippine National Police chief Director General Leandro Mendoza who expressed optimism that the six-year-old mystery surrounding the killing of the Kuratong Baleleng members would finally be solved.

Militant groups PlunderWatch and the Bagong Alyansang Makabayan (Bayan), meanwhile, vowed to closely monitor the developments in the Kuratong Baleleng case which, they said, remains the most well-documented case against Lacson.

Carolina Pagaduan-Araullo, PlunderWatch head, said the available evidence against the senator in the case "is enough to merit conviction."

"We urge the Supreme Court to decide on the case on the side of justice," Araullo said.

Bayan, for its part, said new evidence points to Lacson as the "brains" behind the ghastly execution of suspected bank robbers and this could be enough to warrant his conviction and expulsion from the Senate.

"Hopefully, justice would catch up with this self-proclaimed Mr. Clean whose hands are full of blood," said Bayan secretary general Teodoro Casiño, adding that his group is now studying all legal options to make Lacson accountable for alleged human rights violations he and his men committed.

In 1995, Lacson’s men at PACC allegedly summarily executed the Kuratong Baleleng members in what they claimed was a shootout in the wee hours of May 18 on Commonwealth Avenue in Quezon City.

Lacson survived the controversy to become chief of the PNP and was subsequently elected as senator last May. His colleagues in the Senate, though, are conducting an investigation on accusations that he was involved in criminal activities, particularly drug trafficking and money laundering. He has vehemently denied these accusations. – With Rommel Bagares