Ping fails to stop new Dacer probe

MANILA, Philippines - The re-investigation of the Dacer-Corbito murders will proceed after the Court of Appeals (CA) ruled in favor of the Department of Justice and denied the petition of Sen. Panfilo Lacson for a temporary restraining order (TRO) to stop the investigation.

In denying the petition, the CA said the retired Philippine National Police chief failed to prove that he would suffer from irreparable damage if the nine-year-old case were re-opened.

The DOJ’s preliminary investigation is “well within due process to determine if there is sufficient evidence to bring a person to trial,” the CA added.

The CA said the move of investigating prosecutors led by Senior State Prosecutor Peter Ong to require Lacson to submit his defense was neither unreasonable nor oppressive.

Lacson’s petition for a TRO lacked factual and legal basis, the CA added.

However, the CA did not rule on the merits of Lacson’s petition alleging “grave abuse of authority” on the part of DOJ officials and prosecutors.

The CA ordered the DOJ to submit a comment within 10 days.

Upon DOJ’s compliance, Lacson may file a reply after five days.

Justice Secretary Agnes Devanadera said the preliminary investigation into Lacson’s alleged involvement in the murder case would proceed as scheduled.

“We anticipated that (move from Lacson) as part of due process,” she said. “But we have a very well-grounded case.”

Lacson has accused the DOJ of committing “grave abuse of discretion” in summoning him to answer charges that he masterminded the Dacer-Corbito murders based solely on the affidavit of former police senior superintendent Cezar Mancao, one of the main suspects.

Mancao’s testimony would not suffice to justify the re-opening of the case since it did not constitute prima facie evidence, according to Gregorio Fernandez, Lacson’s counsel.

Lacson accused the DOJ of engaging in a fishing expedition and trial by publicity to persecute him.

“The assailed reinvestigation of the Dacer-Corbito double murder case marks the penultimate act in the grand scheme to persecute petitioner,” he said.

“The DOJ, after presentation of its evidence and resting its case in Criminal Case No. 01-191969, all of a sudden coordinated with Cezar Mancao for the latter to go back to the Philippine and be its state witness to allegedly implicate petitioner in the said case.”

Lacson said the DOJ’s subpoena ordering him to submit his counter-affidavit against the complaint of the daughters of publicist Salvador “Bubby” Dacer is part of his persecution.

The complaint merely contains hearsay statements based on Mancao’s affidavit, which did not allege the elements of murder, he added.

The re-investigation is illegal due to the DOJ’s failure to seek permission from the Manila Regional Trial Court, which is already hearing the murder case, Lacson said.

The DOJ reopened the Dacer-Corbito murder case after Dacer’s daughters charged Lacson with two counts of murder.

Dacer and his driver Emmanuel Corbito were snatched at the corner of Zobel Roxas Street and Sergio Osmeña Highway at the boundary of Manila and Makati on Nov. 24, 2000.

Their charred remains were later found Indang, Cavite.

The CA decision denying TRO petition was written by Associate Justice Juan Enriquez Jr.