MANILA, Philippines - The Department of Justice (DOJ) has deferred pulling former police Senior Superintendent Cezar Mancao II from coverage of the witness protection program (WPP).
DOJ prosecutors handling the case will instead file an appeal on the recent ruling of the Manila Regional Trial Court (RTC) junking their bid to discharge Mancao as an accused in the November 2000 killings of publicist Salvador Dacer and his driver Emmanuel Corbito.
Justice Secretary Leila de Lima made the decision after meeting with the prosecution panel chaired by Senior Assistant State Prosecutor Philip Kimpo and Mancao’s lawyer Ferdinand Topacio last Thursday evening.
“We have until Monday to file a motion for reconsideration. We can say that the ruling of the RTC is not yet final, so we can’t decide yet on the issue of his exclusion from the WPP,” she told reporters in an ambush interview.
The removal of Mancao from WPP custody was a result of the resolution of Manila RTC Branch 18 that junked his petition to be discharged as an accused in the double murder case and instead be maintained as a state witness.
The Court of Appeals (CA) and Supreme Court (SC) had earlier dismissed Mancao’s credibility as a witness.
De Lima said the panel explained how crucial Mancao’s testimony is in proving their case against the accused that included former Senior Superintendent Michael Ray Aquino.
Kimpo revealed that the CA ruling dismissing the credibility of Mancao only covered his testimony implicating Sen. Panfilo Lacson in the Dacer-Corbito case, not his entire affidavit detailing the participation of Aquino and the other accused.
He said Mancao could still serve as state witness against Aquino and the others.
De Lima said Mancao would remain under WPP custody pending resolution of their appeal by the Manila RTC.
She said Mancao would remain in the custody of the National Bureau of Investigation. Topacio said they are happy with the decision of the DOJ.
Mancao arrived late for the DOJ meeting and did not speak to reporters.
Topacio said they were instructed by De Lima not to issue any statement to the media.
Once Mancao is removed from the WPP, he would become one of the accused in the double murder case.
The Manila RTC presided over by Judge Thelma Bunyi-Medina cited the earlier CA ruling declaring Mancao as an “incredible and unworthy witness” and cleared Lacson in the double murder case, which was eventually affirmed by the SC on Nov. 23, 2011.
“This factual backdrop being considered, this Court has no option but to deny the prosecution’s motion to discharge Cezar Mancao II as state witness,” she stated.
Medina said that the court could not issue a contrary pronouncement with respect to its dismissal of the charges against Lacson and the CA’s findings therein that Mancao and his story are not credible. “History would tell that the Supreme Court had already rendered its decision and resolution with respect to the said decision of the Court of Appeals and therefore had now reached its final and executory stage,” she added. “Further, it will be inappropriate for this Court to discharge him as an accused for him to be a state witness if he and his story have, in the first place, been declared as unworthy of belief by the Court of Appeals and the Supreme Court from whose decision this Court takes its bearings,” the court added.
The CA dismissed on Feb. 3, 2011 the criminal charges filed against Senator Lacson in connection with the Dacer-Corbito killings.
In an 80-page decision of the CA’s special 6th Division written by Associate Justice Ramon Bato Jr., the court said it found no probable cause to legally justify the filing of two murder cases against Lacson.
The appellate court had also granted Lacson’s petition to annul the warrant for his arrest issued by the Manila Regional RTC.
The SC later affirmed the CA ruling and this prompted the Dacer sisters to file a motion for reconsideration.
Dacer and Corbito were abducted on Nov. 24, 2000, near the intersection of Zobel Roxas Street and President Osmeña Highway in Makati.
The charred remains of the victims were found in Cavite in April 2000.
Mancao, who was considered as a state witness in the double murder case, named Lacson as the mastermind of the killings.
Lacson went abroad on Jan. 5, 2010, and went into hiding after the Manila RTC issued an arrest warrant against him.