Friday, February 18, 2011

Dacers ask CA to reverse pro-Lacson ruling

MANILA, Philippines - The family of slain publicist Salvador “Bubby” Dacer is seeking to reverse the decision of the Court of Appeals (CA) which junked the warrant of arrest against fugitive Senator Panfilo Lacson and dismissed the murder charges filed against him.

The Dacers filed with the CA a motion for reconsideration (MR) of its February 3 ruling dismissing the 2 murder complaints filed against Lacson in connection with the murders of the publicist and his driver Emmanuel Corbito last November 2000.

Last February 3, a special division of the CA granted the petition for certiorari (review) and prohibition filed by Lacson to annul and set aside the Manila Regional Trial Court (RTC) Branch 18's orders dated February 4, 2010 and July 23, 2010 finding probable for the issuance of warrants of arrest against Lacson.

The CA decision said former police officer Cezar Mancao "is not a credible and trustworthy witness."

Mancao had tagged Lacson in the double murder.

The MR of the Dacers said Lacson was "deliberately forum-shopping" after it asked the CA and the Manila RTC to rule on the same or related causes.

The MR also said that the CA "stepped out of bounds" when it overrode the justice department’s finding of probable cause and dismissed the case against Lacson on the ground of insufficient evidence.

It said the facts and circumstances of the case against the fugitive senator when taken together establish probable cause.

The Dacer's MR also said that Mancao is a credible witness in establishing Lacson's participation as a principal in the murders.

A joint case conference was held at the Department of Justice (DOJ) last week with public prosecutors handling the Dacer-Corbito double murder case, representatives of the Office of the Solicitor-General (OSG), lawyers of the Dacer family and the lawyer of Mancao.

Mancao also filed last week a motion for leave to intervene before the CA in an effort to reverse the ruling.

The OSG, representing public respondents, is likewise expected to file a separate motion for reconsideration. (report from Ina Reformina, ABS-CBN News)