MANILA, Philippines - Sen. Panfilo Lacson is no longer a wanted man.
The Court of Appeals (CA) has ordered the Manila Regional Trial Court (RTC) to promptly lift the arrest warrant against the fugitive lawmaker.
The CA has dismissed the appeal of the daughters of publicist Salvador “Bubby” Dacer to reconsider its decision voiding the murder charges against Lacson.
“The nullification of the arrest warrants is hereby declared immediately executory,” read the CA ruling.
“All the respondents, their agents, any peace officer or law enforcer, or anybody acting on their behalf, are permanently enjoined from enforcing and implementing the arrest warrants issued (in Criminal Cases Nos. 10272905 and 10272906).”
Senate President Juan Ponce Enrile said nothing now stands in the way of Lacson to come out of hiding.
“That means that they have dismissed the information against Sen.Lacson,” he said.
“They have quashed the warrant of arrest. So that decision must be implemented unless someone would go up to the Supreme Court (SC).”
Enrile said the CA ruling should be a signal to the government that the CA has found the evidence against Lacson weak.
“And I hope that they’ll finally heed the decision of the Court of Appeals so that Sen. Lacson can come back and perform his duties as senator,” he said.
Sen. Franklin Drilon called on Lacson to come out of hiding because the warrant against him could no longer be served.
“Of course the Supreme Court can always review the decision, but as of now the warrant of arrest has been quashed, the criminal case has been dismissed and unless reinstated by the SC, this is the situation,” he said.
Sen. Gregorio Honasan said the CA order should be immediately executory in the same way that the warrant for his arrest was enforced as soon as it was issued.
Lacson should come out, especially under the circumstances where he would be allowed to surface, work in the Senate, prepare his defense and face his accusers, he added.
The CA decision, penned by Associate Justice Ramon Bato Jr., was released yesterday.
The CA ruled that it has the power to adjudge the credibility of former police senior superintendent Cezar Mancao II as a witness.
“Respondent’s argument that the credibility of Cezar Mancao II should be determined during the trial deserves scant consideration,” read the CA decision.
“In several cases the Supreme Court considered and evaluated the credibility of witnesses in a petition for certiorari and prohibition.”
Only the SCcan reinstate the arrest warrant against Lacson, the CA said.
Speaking to reporters, Justice Secretary Leila de Lima said the CA ruling should be a signal for Lacson to come out.
“If that is what is decreed, then I would have no choice because that is a court of law,” she said.
However, De Lima said the government and the Dacers can still appeal before the SC.
“But there are options on the part of the public prosecutors as well as private complainants,” she said.
“That (SC appeal) is not the only option. There might be other options.”
De Lima has instructed the National Bureau of Investigation to request the removal of Lacson from red notices of the Interpol.
The Dacer family, through lawyer Demetrio Custodio Jr., said they would appeal the ruling to the SC.
“We will avail [ourselves] of our legal remedy and bring this to the Supreme Court on a petition for review,” Custodio said in a text message.
Mancao, through lawyer Ferdinand Topacio, said they would appeal the CA ruling, which also rejected their motion to intervene in the case.
They have 15 days to file the appeal, which could be elevated to SC if denied, the lawyer added.
Lacson’s camp believes the ruling should allow the fugitive senator to surface after over a year of hiding.
“If the DOJ will respect the latest resolution, then I am sure that Sen. Lacson will soon be back,” said lawyer Alex Poblador.
In a ruling last March 18, 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,” read the CA decision.
The Manila RTC erred in ordering Lacson’s arrest, the CA said.
However, the Dacers said the supposed inconsistencies in Mancao’s testimonies “refer only to minor details that neither impeach Mancao’s credibility nor affect the finding of probable cause” against Lacson.
The proper venue to discuss Mancao’s credibility was during trial at the Manila RTC, the Dacers added. –With Marvin Sy