Justice Secretary Simeon Datumanong, however, downplayed the issue by saying the Kuratong Baleleng case, in which opposition Sen. Panfilo Lacson is one of the principal accused, was only one of the issues tackled during the two-hour closed-door meeting at NBI headquarters on Taft Avenue in Manila.
"It’s not only about Kuratong Baleleng," Datumanong told reporters shortly after the meeting. "It’s all about how the law enforcement agencies of the government like NBI, PNP and the prosecution arm of the government (will best be) able to enforce the law and apply the rule of law upon anyone, be (the person) low or high (in status), mighty or weak, because the rule of law applies to all Filipinos alike."
He said they do not have any information on whether the SC will order the reopening of the case any time this week. "Whatever the decision of the SC, which we don’t know yet because we don’t have control (over) the High Tribunal... we are ready because it’s part of our mandate," Datumanong said.
"We are simply saying we assess our capability to be ready to enforce laws, to apply the rule of law to anyone," he said.
But sources said the SC might release its decision on the matter today.
Prior to the meeting, NBI Director Reynaldo Wycoco said the "high-level conference" to be attended by Datumanong, Justice Undersecretary Jose Calida, Chief State Prosecutor Jovencito Zuño, NBI Assistant Director Lolito Utitco, a representative of PNP chief Director General Hermogenes Ebdane and lawyer Arno Sanidad would be about the Kuratong Baleleng case. Former Intelligence Service of the Armed Forces of the Philippines (ISAFP) chief Brig. Gen. Victor Corpus was also present.
However, Wycoco refused to elaborate on the issue and advised reporters to wait for Datumanong if they wanted more information on the meeting.
Datumanong said the top brass of the PNP, NBI and DOJ "get together once in a while to assess our capability on what we are supposed to do so that the Filipino people will find us ready to serve them."
The NBI was tasked by the Senate committee on human rights to investigate the alleged rubout on May 18, 1995 of 11 suspected members of the notorious Kuratong Baleleng robbery gang along Commonwealth Ave. in Quezon City. Lacson was then the chief of the Presidential Anti-Organized Crime Task Force (PAOCTF).
Policemen who witnessed the alleged rubout said Lacson’s group arrested the Kuratong Baleleng gang members alive, but said the suspects had been executed while in the custody of their arresting officers.
When the case was filed before the Quezon City regional trial court, the judge assigned to the case dismissed what came to be known as the Kuratong Baleleng rubout case. While Lacson’s name was on the docket for the case, he was not originally one of the principal accused.
A petition to reopen the case was filed before the SC, which ordered the lower court to conduct another trial of the case.
However, Lacson’s group asked the High Tribunal to reverse its decision to have the case retried by filing a motion for reconsideration. The SC has yet to decide on Lacson’s motion.
Besides Lacson, other ranking police officials were implicated in the rubout case by witnesses, including SPO2 Eduardo delos Reyes.
In May, Lacson asked SC Justices Renato Corona, Ma. Alicia Austria-Martinez, Conchita Morales, Adolfo Azcuna and Romeo Callejo Sr. not to participate in the deliberation of the case to prevent the perception that he is being politically persecuted by the Arroyo administration.
Lacson cited in his petition the political implications of the SC ruling now that he is running for president in the 2004 national elections.
Lacson branded the reopened Kuratong Baleleng case as one of "countless criminal investigations by subalterns of this administration" that make him a "target of persistent political ballistics."
In his motion seeking the inhibition of the five SC magistrates, Lacson said there were serious doubts about the judiciousness of the April 1 ruling because Corona, Martinez, Morales, Azcuna and Callejo were not yet present at the earlier SC deliberations.
He said this was "a complete departure from basic precepts of the Philippine Constitution and the rule of law."
The senator’s lawyers said the SC should apply Circular No. 99-8-09-SC, which disqualifies a new member of the court from acting as ponente in an action discussed, argued and threshed out before his or her appointment.
Lacson said he believes his rights under the Bill of Rights were violated despite the power of the state to prosecute and give justice to all concerned in all cases.