MANILA, Philippines - Former Senior Superintendent Michael Ray Aquino is not yet off the hook in the November 2000 killings of publicist Salvador “Bubby” Dacer and his driver Emmanuel Corbito despite an order of a Manila court for his release from detention at the National Bureau of Investigation (NBI), Department of Justice (DOJ) Sec. Leila de Lima said yesterday.
“The decision of the Manila RTC (regional trial court) was not an acquittal. It was not an assessment of evidence based on the standard of ‘beyond reasonable doubt,” she said.
De Lima said she has consulted with the panel of prosecutors handling the case and agreed to file an appeal on last week’s order of Manila RTC Branch 18 Judge Carolina Icasiano-Sison.
She explained that the court failed to consider the testimony of another accused, former Superintendent Glenn Dumlao, in dismissing the double murder case against Aquino.
“We have read the ruling and it appeared that the court did not consider the testimony of Dumlao, who tagged Aquino to the crime,” the justice secretary pointed out.
Aquino was cleared after the RTC dismissed this year the bid of another accused, former Supt. Cezar Mancao II, to become state witness.
The DOJ chief likened the case of Aquino to that of Sen. Panfilo Lacson, another accused in the double murder case cleared by the appellate court last year when it reversed the finding of probable cause of the DOJ.
In the one-page order, the RTC cited as reason for Aquino’s release its decision last Dec. 17 granting the demurrer to evidence, which sought dismissal of the case due to insufficiency of evidence presented by the prosecution without the need to present the defense.