New witnesses had come forward as far back as March 2001 with fresh evidence of a rubout on that fateful day of May 18, 1995. With the Department of Justice, the lawyers filed a new case on May 29, 2001. Sen. Panfilo Lacson, one of 34 principals in his capacity as head of Task Force Habagat, ran to the Court of Appeals, arguing that the case already had been dismissed provisionally in April 1999. The CA told the lower court in June 2001 to withhold the arrest warrant on Lacson, then upheld his appeal in Aug. 2001.
The government raised the matter before the Supreme Court, which ordered the original court in Quezon City in March 2002 to determine if all the requisites of provisional dismissal were met. On Apr. 1, 2003, the Tribunal ruled that the dismissal was not in order, and that Lacson was not covered by a new two-year prescription for it. His motion for reconsideration was turned down last October 7.
Murder is a no-bail offense. From the first Tribunal decision of April 2003, prosecutors say, the trial court should have ordered the arrest of the 33 co-accused. They were not party to Lacson’s appeal. Hearings should have commenced, for the accused have a right to speedy trial.
The CA, in its resolution of June 2001, stated that "pending the ruling, the trial court is restrained from issuing any warrant of arrest against respondent Lacson." Meaning, warrants should have been served on the rest.
The PNP, meanwhile, has lost contact with them, save for Supt. Jose Esquivel Jr. who is serving in the UN Kosovo peace mission. Unaccounted for are Chief Supt. Francisco Zubia, and Sr. Supts. Almario Hilario and Gil Meneses, though last reported moonlighting as Lacson’s security. Also missing are Supt. Jose Erwin Villacorte and SPO-4 Antonio Frias.
Last contacted by the Headquarters Support Group by cellphone in late September were Sr. Supt. Zorobabel Laureles, Chief Insps. Caesar Tannagan and Ricardo Dandan, Insp. Roberto Lancauon, SPOs-4 Virgilio Paragas, Angelito Caisip and Willy Nuas; SPO-3 Cecilio Morito, SPO-2 Roberto Agbalog, and SPO-1 Osmondo Cariño.
Supt. Rolando Anduyan, and POs-3 Alejandro Liwanag and Norberto Lasaga have stopped reporting to the Anti-Illegal Drugs Special Operating Task Force.
Chief Supt. Romeo Acop and Insp. Vicente Arnado have retired. Dir. Jewel Canson, also retired, flew to California last Feb. 1 and has not returned. Also in America are Sr. Supts, Michael Ray Aquino, Cesar Mancao and Glenn Dumlao.
Dismissed from the service are POs-3 Reynaldo Las Piñas and Leonardo Gloria. AWOL are SPOs-4 Cicero Bacolod and Rolando Jimenez.
The PNP has no idea about SPO-3 Juanito Manaois, SPOs-2 Rolando Jimenez, SPO-1 Wilfredo Cuartero, and civilian agents Elmer Ferrer and Romy Cruz.
Trial can start only if any one of the accused is brought to court for arraignment. The law disallows trial in absentia of an accused who has not entered a plea.
"We, Sr. Insp. Abelardo Ramos and SPO-1 Wilmor B. Medes, of legal age, presently assigned to the Traffic Management Group at Camp Crame, Quezon City, after having been duly sworn in accordance with law, depose and say that:
"We have been with the PNP from 1991 up to present, and principal witnesses in the murder by PNP officers of 11 Kuratong Baleleng gangmen.
"After the killing of the suspected Kuratong men on Commonwealth Avenue, Quezon City, we were charged with robbery because of the claim of civilian agent Mario Enad that we and out men stole the belongings of the suspects on the night they were apprehended at their hideout in Superville Subd., Parañaque.
"Because of the charge, the Ombudsman issued us a subpoena to answer the charge. Sr. Supt. Francisco Zubia called us to a meeting and promised to provide a lawyer for free.
"Days later Zubia directed us to the law office of Atty. Frank Chavez, to give our names and addresses. After a week Zubia sent us back to Atty. Chavez to sign a counter-affidavit stating that our team was not part of the operation at Superville against the Kuratong suspects.
"While we were reading said counter-affidavit, Zubia ordered us to sign, saying there was no problem and that the Ombudsman would dismiss the charge.
"We know that perjury is against the law. But with Zubia’s order that this is the only way to cover the truth about what happened on May 17-18, 1995, we signed our respective counter-affidavits in the presence of Zubia.
"We execute this affidavit with our own free will, under no coercion, to attest to the truth of all the foregoing. Signed on the 16th of May 2001 in Manila before State Prosecutor Peter Ong."