In a 15-page motion, the Public Attorney’s Office said two of Lara’s co-accused, Pedro Mabansag and Rogelio delos Reyes, have cleared Lara of involvement in the 1998 kidnapping of businessman Joseph Tomas Co and his assistant, Linda Manaysay.
"What if later on, one or both of accused Licayan and Lara will be revealed to be innocent by the evidence subsequently presented after their executions, how can we make both of them alive to rejoice upon the verdict of acquittal?" read the motion.
Chief Public Defender Persida Rueda-Acosta said the cases of Lara and Licayan must be remanded to the Marikina regional trial court for a new trial and the presentation of additional evidence.
The supervening events that occurred recently should be considered by the court in delaying the executions of Lara and Licayan, she added.
Acosta said the statements of Mabansag, De los Reyes and another woman witness might convince the Marikina court that there was no conspiracy.
"While the government’s drive against kidnapping incidents deserves everybody’s support, it is precisely when the government’s aims are beneficient that courts should be most on guard to protect the rights of the accused," she said.
"With high respect, let us all not be blinded to the glaring possibility that death convicts Licayan and Lara might be victims of injustice, under the guise of state-sanctioned killing," she said.
Acosta said no defense witnesses, except for Lara and Licayan, were presented during the trial to prove their innocence.
"Licayan and Lara are guilty of complicity in the crime, their criminal liability should be that of accomplice only," she said.
"Thus the imposable penalty would necessarily be reduced from that of principal to that of accomplice only."
Acosta said public attorneys are not sure if the arrest and trial of the co-accused of Lara and Licayan, and the testimony of new witnesses would save the lives of the two death convicts.
But it would be better to let the judicial process go on before executing Lara and Licayan, she added.
Lara said torture forced him to admit to the crime and to sign a sworn confession on Aug. 12, 1999.
Mabansag was arrested last Jan. 9 in Negros Occidental, while Delos Reyes was captured in Surigao City on Jan. 12.
They are set to be arraigned before the Marikina court on Feb. 9. — Aurea Calica