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Ping Lacson cleared

Sophia M. Dedace, GMANews.TV

The Court of Appeals on Thursday granted the petition of Sen. Panfilo Lacson to dismiss the double murder case lodged against him for the Dacer-Corbito killings a decade ago.

In an 80-page ruling, the appellate court’s Special Sixth Division reversed the two orders from the Manila Regional Trial Court Branch 18 that found probable cause to indict Lacson for the killings of publicist Salvador Dacer and driver Emmanuel Corbito in November 2000.

The CA also revoked the arrest warrant the Manila court issued against Lacson, who has been in hiding since January last year.

“The orders dated Feb. 4, 2010 and July 23, 2010 of public respondent court [Manila RTC Branch 18] finding probable cause for the issuance of warrants of arrest against petitioner [Lacson] are nullified and set aside. The informations in Criminal Cases Nos. 10272905 and 10272906 are hereby dismissed,” said the CA.

The informations are the criminal cases filed by the Department of Justice before the Manila court.

Cleared

The Court of Appeals, in a unanimous decision by the Special Sixth Division, cleared Sen. Panfilo Lacson of allegations he ordered the killing of veteran PR man Salvador “Bubby” Dacer (left) and his driver, Emmanuel Corbito (right).

Pressed for comment, Justice Sec. Leila de Lima sent this text message to reporters: “Let me read first the resolution before I issue a reaction.”

Meanwhile, Sen. Lacson’s lawyer Alex Avisado called on his client to come of out hiding following the CA’s dismissal of the cases.

In an interview on dzBB radio, Avisado said, “Lumabas na ho sana siya ngayon na na-dismiss na yung kaso niya at maipagpapatuloy niya ang kanyang mga gawain.”

When asked if he has communicated with the Senator recently, Avisado said, “Magmula noong January 2010, hindi na siya tumawag sa akin (Since January 2010, he has not contacted me yet.)”

Associate Justice Ramon Bato penned the CA ruling, with the concurrence of Associate Justices Juan Enriquez and Isaias Dicdican.

Lacson has been tagged as the brains behind the killings of Dacer and Corbito on Nov. 24, 2000. At that time, Lacson headed the Philippine National Police and the now defunct Presidential Anti-Organized Crime Task Force (PAOCTF).
The PAOCTF allegedly carried out the twin killings.

Honasan hails CA decision

Senator Gregorio Honasan, who is Lacson’s class 1971 “mistah” at the Philippine Military Academy, said that the CA decision “vindicates” Lacson, adding that it is a victory for due process.

“I am glad that due process has been served. It paves the way for the surfacing of Sen. Lacson. He can now surface and serve his constituents,” Honasan said in an interview with reporters.

With this development, he said Lacson can finally attend to his duties as a senator. “It’s not only good for the Senate but also for the Philippines. It reinforces the faith in the public system,” he said.

In a separate report by Nimfa Ravelo aired over dzBB, Honasan also said he is hoping his Senate colleague will reemerge from hiding anytime soon. He said he has been informed that Lacson is staying inside the country.

Mancao not a credible witness

On Thursday, the CA said there is no legal basis to charge Lacson for the Dacer-Corbito killings because the witness used against him, former police Superintendent Cezar Mancao II, was not credible.

Mancao was Lacson’s subordinate at the PAOCTF.

The CA said there were inconsistencies between Mancao’s June 21, 2001 and February 13, 2009 affidavits. “Cezar Mancao is not a credible and trustworthy witness. Under oath, he contradicted himself on material points. Inconsistencies and material contradiction affect the credibility of Cezar Mancao and the veracity of his statements,” said the Court of Appeals.

Because of such inconsistencies, the Makati RTC Branch 18 should not have ordered Lacson’s arrest, added the CA.

The appellate court further held:

“Viewed in its proper perspective, considering the facts and circumstances leading to the execution of Cezar Mancao’s affidavit dated Feb. 13, 2009 as well as material contradictions and inconsistencies affecting his credibility and the credibility of his story, there is no probable cause that could legally justify the filing of two separate informations for murder and the issuance of warrant of arrest against [Lacson].”

The CA said the following circumstances made it conclude that Mancao was not a credible witness:

In September 2007, Mancao himself admitted on redirect-examination that former military intelligence chief Brig. Gen. Romeo Prestoza called him and asked him “to fabricate some information or charges against Senator Lacson.”

Mancao said Prestoza promised him his reinstatement to police service, financial support and relocation of his family to Singapore.

The appellate court also noted that Mancao, in separate interviews with GMA News reporter Maki Pullido and with Radio DZMM’s “Tambalang Failon at Sanchez”, admitted that he was offered to migrate to Singapore in exchange for testifying at the Manila court against Lacson.

The CA noted Mancao’s admission that two months before he executed the February 2009 affidavit, Mancao spoke with former Justice Secretary Raul Gonzalez, who is widely known to be allied with former President Gloria Macapagal-Arroyo.

Lacson went into hiding in January 2010 because he claimed that the Arroyo administration was persecuting him. This was because had staunchly criticized and exposed alleged anomalies against Arroyo and her allies.

The appellate court then said that in the absence of a probable cause to prosecute Lacson for the Dacer-Corbito murders, Lacson “should be relieved from the pain and agony of a trial” and that his constitutional right to be presumed innocent should take precedence.

PNoy: No comment for now

Meanwhile, President Benigno Aquino III refused to comment on the CA decision clearing Lacson.

“I’d rather not comment on something that I have not read or seen. So I think I’ll be commenting on something in a very blind manner… I’d rather see what the decision was,” the President said. — With Kimberly Jane T. Tan, Amita O. Legaspi, RSJ/JV, GMANews.TV

Published inJustice

116 Comments

  1. now it gets more interesting.

  2. Phil Cruz Phil Cruz

    Somebody’s favorite nemesis will be back in the Senate. In addition to Senator Trillanes. Interesting, indeed.

  3. Excellent news, Ellen.

    The baddies must be shaking in their boots now.

  4. chi chi

    Yehey!!! Oh-la-la, the unana and her pig are shakin’!

  5. chi chi

    perl, let’s celebrate! Cheers! Salute! Skol! 🙂 🙂 🙂

  6. saxnviolins saxnviolins

    Puwede bang bumawi si Ping? Yes says Article 180 of the Revised Penal Code.

    Art. 180. False testimony against a defendant. — Any person who shall give false testimony against the defendant in any criminal case shall suffer:

    1. The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death;

    2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion temporal or reclusion perpetua;

    If proven to be lying, Mancao will go to jail for 6 to 12 years, for the false testimony against Lacson.

    Of course, Mancao can again offer to be a state witness, and say that he will reveal who paid him to make the false statements.

    Kaya lang, baka mauna siyang maligpit.

    What happens to the financial assistance now? Now that the results were not obtained? You think magbabayad pa yung boss ni Prestoza?

    There goes your green card Mancao. Because you lied to the US courts, when you implicated Lacson, and also lied to the Philippine courts, may lamat na ang good moral character mo.

    Like Rabusa said, life is like a wheel. Minsan nasa ilalim, minsan nasa ibabaw.

    And Hazel Valdes? She went to Florida to procure that affidavit from Mancao. In fact, it was she who drafted it. May tama din yan as co-principal, in the case based on Article 180. But I doubt if De Lima will move on these people, because, it seems, she is morally convinced of the merits of the charge against Lacson.

    Manipis naman talaga. Nagmamaangmaangan na lang ang hindi makakita.

  7. And Hazel Valdes? She went to Florida to procure that affidavit from Mancao. In fact, it was she who drafted it. May tama din yan as co-principal, in the case based on Article 180. But I doubt if De Lima will move on these people, because, it seems, she is morally convinced of the merits of the charge against Lacson.

    Then de Lima will be guilty of not executing the duties of her office.

  8. rose rose

    Happy New Year to all! Magandang balita ito…Sumisikat na ang liwanag ng pag-asa sa ating bayan!..BTW: Is Ping Lacson from the western Visayas? mas lalong ma dismaya si putot ngayon..the other day while watching the hearings..when Sen. Miriam mentioned that Sen. Trillanes is “a good looking senator” nakita ko ang pag dismaya at ismid ng mukha ni putot…she must be waiting for Miriam to say that her son, Mickey, the mouse? the horse? is good looking..ano ito? the beauty and in the beast rolled up in to one?” kung sa pag-akala ng mga ilan na si Miriam ay Brenda..si putot naman ay “umang umang” (a Visayan term for more than brain d…) or putting it mildly “buang buang”…o sa Tagalog may tupak…kung ako si putot mag pa face change (hindi lang face lift) na ako…

  9. Ping Lacson was born and bred in Cavite.

  10. The Court of Appeals today dismissed the double-murder case against Sen. Panfilo “Ping” Lacson for the Dacer-Corbito murders in 2000.

    A slap back to back to Gloria Macapagal Arroyo, the glorified bitch.

  11. eddfajardo eddfajardo

    Indeed, this is good news! Now, Ping has to surface and explain to the Filipino people why he did that (hide) because he really set a bad example of trying to evade the law. Though I know exactly his reasons, there are still doubts and uncertainties as to why the CA has thrown out his case. On the other hand, Mancao and Topacio, should watch out. Lintek lang walang ganti for manufacturing false and malicious documents.

  12. chi chi

    Manipis naman talaga. Nagmamaangmaangan na lang ang hindi makakita. -attySnV

    Di kita de Lima? 🙂

  13. perl perl

    Yahhoo!!
    chi, kagigising ko lang when I heard this news. Akala ko nananaginip pa ko… 🙂 napa-yahoo talga ko! This is one of the answers to all our prayers… kasama na yung nagaganap ngayon sa congressional hearings… hindi natin inaasahan ang mga ganitong kaganapan… lalo na yung paglabas ng mga matatapang na testigo.. handa nilang isakripisyo ang sarili para lang ilabas ang katotohanan… nagkakaron na ng liwanag at lumalaki ang pagasa na makakamit na natin ang tunay na pagbabago!

    Cheers! 🙂

  14. of trying to evade the law.

    What law? Gloria’s law?

  15. chi chi

    Yup, get back to the mastermind-manufaturers and executors of false documents and give them lessons they will carry beyond their graves! Para hindi na rin pamarisan ng mga ‘bayaran’!

  16. Right on Chi! Cheers too Perl 🙂

  17. Chi, sana you meet Ping so you can say hello to him for us all here 😀

  18. Al Al

    # 11 Now, Ping has to surface and explain to the Filipino people why he did that (hide) because he really set a bad example of trying to evade the law. – Edd

    It was GMA who twisted the law just to make sure Lacson is punished because it was lacson who hounded her and her husband.The Department of Justice became a department of injustice. Ito namang si De Lima,instead of correcting what GMA had done, pinagpatuloy niya.

    Mabuti naman at naagapaan sa CA. Now, let’s go on with the investigation what happened to Dacer and Corbito. First, let’s find the bodies.

  19. perl perl

    ungas talga tong si Topacio… magaling lang to sa demoralization job o black propaganda… hindi pa daw final and executory yung CA decision dahil pwde pa mag file ng motion for reconsideration… bakit ang kampo ni Mancao ang aapela? sila ba ang namatayan? ungas talga!

  20. chi chi

    #17. Hahaha! 🙂

  21. Now, let’s go on with the investigation what happened to Dacer and Corbito.

    Agree!

  22. Chi, sama ka kay Ellen 🙂

  23. perl perl

    dapat talga magkaron na din ng closure dito sa dacer-corbito case… sagasaan na masagasaan!

    baka after 6 years… kapag election ulit… mabuhay na naman to!

  24. Dapat na talagang lumabas si Lacson ng sa ganun ay makatulong siya sa imbestigasyon sa AFP.

  25. perl perl

    http://www.abs-cbnnews.com/nation/02/03/11/ca-clears-lacson-dacer-corbito-murder
    Reactions from counsels

    The Department of Justice (DOJ) prosecutors handling the case against Lacson, meantime, will be filing a motion for reconsideration in an effort to reverse the unanimous ruling.

    DOJ prosecutor Hazel Valdez said, “I am very sure we will file a motion for reconsideration. That order is not final and executory.”

    Mancao’s counsel, Ferdinand Topacio, said: “That is not final and executory. The decision will be final in 15 days unless the DOJ files a motion for reconsideration, which, I am sure, it will.”

    The petitioners have 15 days to file a motion for reconsideration, otherwise the decision is final and executory.

    The camp of Lacson insists the order is executory unless the CA reverses itself or the Dacers are able to get temporary relief from the Supreme Court.

    Avisado said: “Makakaasa po kayo na sa lalong madaling panahon ay lalabas na si Senador Lacson.”

  26. Kapag malapit na ang eleksyon ay nabubuksan talaga ang kaso ng dacer-corbito murder case. Magaling talaga ang ginagawang estrategy ng mga kalaban ni Lacson sa politika..

  27. Perl, thanks for the link.

    The Department of Justice (DOJ) prosecutors handling the case against Lacson, meantime, will be filing a motion for reconsideration in an effort to reverse the unanimous ruling.

    I suspect because these stupid and idiotic prosecutors are remnants of Gloria’s bitchy governance; instead of focusing on the revelations about Gloria’s evil governance and running after the baddies, they prefer to turn a blind eye and run after the good guys.

    How perverted can one get!

  28. Ellen,

    Honasan hails CA decision

    Senator Gregorio Honasan, who is Lacson’s class 1971 “mistah” at the Philippine Military Academy, said that the CA decision “vindicates” Lacson, adding that it is a victory for due process.

    Now that is killjoy news. Wish this jerk would just shut up! 🙁

  29. jawo jawo

    Naloko na. In another thread, I posted that Angie Reyes wants Senators Tony Trillanes, Jinggoy Estrada, Miriam Santiago, and Chiz Escudero to inhibit themselves from the senate blue ribbon committee investigating the multi-million peso miltary perks because (as Angie said) “the four had already pre-judged the case against him”.
    Well, well, well,…this just isn’t your day, Mang Angelo, is it ? Tell you what,….I have both bad news and sad news for you. But first, the bad news. The BAD news is that, the four senators will not inhibit themselves from investigating your million-peso (converted-to-dollar) anomalies. The SAD news is that Senator Ping Lacson will soon be joining the four musketeers you wanted out of the investigation.
    Tsk…tsk…tsk…..How the tables have turned !! You hoped for less, but instead you got more.
    Like the saying goes, “what goes around, comes around”.

  30. perl perl

    http://newsinfo.inquirer.net/breakingnews/nation/view/20110203-318244/Fugitive-Lacson-cleared-for-murders-of-publicist-driver
    Prior to the execution of the February 13, 2009 affidavit, the appeals court said that Mancao admitted that on September 27, 2009, Intelligence Service of the Armed Forces of the Philippines Chief Brigadier General Romeo Prestoza asked him to fabricate some charges against Lacson in exchange for his reinstatement to the police force, financial support and relocation of his family to Singapore.

    elen, pls confirm. Sept 27, 2007 ba o 2009?
    anyway, mukhang sinadya ni mancao na siraan ang sarili nyang credibility para pumabor kay Sen. Lacson, makita ng korte at ma-dismiss ang kaso…
    panohan na para sabihin na din ni Mancao kung sana talga mag pakana ng pagawa ng fabricated testimony..

  31. perl perl

    #30, correction: 🙂
    panahon na para sabihin na din ni Mancao kung sino talga may pakana…

  32. perl perl

    The SAD news is that Senator Ping Lacson will soon be joining the four musketeers you wanted out of the investigation.-jawo
    mas exciting di ba kung gawing chairman ng Blue Ribbon Committee si Sen. Ping? Sen. TG, excuse me po…

  33. All this revelations have exposed our major institutions, from the lopsided Supreme Court, one sided Ombudsman, conscience less GOCCs, and now this earth shattering AFP systematic looting…honestly I admit this unexpected “shakedown” would be too much for a president just several months into his term. No honeymoon whatsoever. I was equally afraid if this would be too much for our country, can we survive all this? Back in college we’d call this information overload…
    then again I’m reminded of Omar Khayayam’s words…

    “Ah love! could you and I with Him conspire To grasp this sorry scheme of things entire, Would not we shatter it to bits – and then Re-mold it nearer to the heart’s desire!”

    Yes, lets shatter them to bits and remold them to what they should be…

  34. pdx2 pdx2

    Alam naman ng boung pilipinas maskina dito sa ibayong dagat kung sino ang mastermind lahat,MABUHAY KA SENATOR LACSON,TUNAY KANG KABITENO,PINAG LALABAN ANG TAMA.
    AT SA MGA MATATAPANG PANG MAG LALABAS NG EBIDENSIYA LABAN SA NAKARAAN NA ADMINISTRATION NGAYON ANG ORAS DI BA!!!!!!

  35. Mike Mike

    So kung hindi si Ping, sino? Si Erap ba o si Tabako? Meron pa bang ibang suspek? Hmm…

  36. chi chi

    Mike, nadito ka na ng ang topic na yan ay i-discuss ng abot-langit ang threads, di ba? Gusto mong balikan, i-search mo lang kumpleto ang analisis dun ng mga teacher at estudyante. 🙂

  37. Mike Mike

    Chi, pakihanap nalang yung thread na yon. Para di mapagod mga mata ko. Hehehe 😛

    Yes, I remembered that thread. Lots of inputs lalo na from Atty. SNV 🙂

  38. perl perl

    #35, siguradong debate na naman yang katakot-takot.. kaya no comment… hehe..

  39. saxnviolins saxnviolins

    I am still waiting for a copy of the CA decision.

    But here are some excerpts, furnished by the Philippine Star.

    http://www.philstar.com/Article.aspx?articleId=654228&publicationSubCategoryId=63

    The witness also declared in cross-examination on the existence of an “exploratory meeting” on Feb. 12 before he executed his affidavit wherein his statements “will be used for a case” attended by “people from the Philippines” represented by Assistant or Undersecretary Ernesto Pineda, Undersecretary Oscar Calderon who is also under the DOJ, a lady prosecutor and National Bureau of Investigation (NBI) Regional Director Ricardo Diaz.

    Dalawang USEC plus NBI director ang nagbigay daw ng “guidance”, in the making of Mancao’s affidavit. Of course, nandoon din si Hazel Valdes.

    Yan ang mga dapat kasuhan for violation of Article 180 of the Revised Penal Code. Ano ang kulong, yung magiging kulong sana ng akusado, kung hindi nahuli ang kasinungalingan.

    Kasam diyan of course, ang siRaulo.

  40. perl perl

    nagtulong-tulong na sila.. halos ginamit na lahat ng resources ng gobyerno para ipakulong si Sen. Lacson… wala pa din… talagang mananaig ang katotohanan…

    talgang dapat kasuhan ang mga yan pra hindi pamarisan… kaya pala sabi ng abogado ni Lacson, They are preparing for a huge legal battle… mukhang madaming kakasuhan!

  41. chi chi

    Maraming bumabaligtad ang karma! 🙂

  42. Mike Mike

    Atty SNV,

    Curious lang ako. May kaso ba ang mga taong nagkanlong kay Sen. Ping nuong siya ay fugitive pa? Remember that whoever were helping Sen. Ping then was obstructing justice, di ba? Pwede pa bang kasuhan ang mga yan kahit abswelto na siya ngayon?

  43. perl perl

    ang isa sa talgang ikinatuwa ko sa balitang to… hindi pa talaga hawak ni gloria ang judiciary dahil sa unanimous decision ng CA na iclear si Lacson… so malaki ang chance na mapakulong ang mga magdaramdong noong panahon ni Gloria basta seryoso lang ang gobyerno ni PNoy…

  44. saxnviolins saxnviolins

    # 42

    The closest provision of the law is PD 1829 section 1 (c) which states:

    (c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction;

    Note, the helper must believe that the fugitive committed an offense. If the helper believed otherwise, there is no offense.

    The other section is section 1 (i)

    (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender

    The second one is difficult to prove. Say the helper said that Lacson was in Meycauayan, but actually, Lacson was in Guiguinto. How can the government prove that, when they don’t know where Lacson was? So one cannot prove the falsity of the info given by the helper to the government.

  45. Mike Mike

    Perl, sa tingin ko kung may mga “kakampi” pa si Gloria na mga hukom lalo na sa CA at SC, ang kanilang “trabaho o job description” lang ay ang protektahan ang mga Pidals sa mga kasong isasampa laban sa kanila. Yung mga kasong isinampa laban sa mga kalaban ng mga Pidals ay di kasali sa “utos” ng mga Pidals. 🙂

  46. rabbit rabbit

    did you guys heard what col rabusa says in his testimony today?
    that he got some text message that says(magingat ka, baka mangyari sayo ang nangyari kay dacer corbito)

    strange why would the texter used the dacer corbito case as an warning to rabusa,, may kinalaman ba un mga yan..

  47. saxnviolins saxnviolins

    Bantayan si Mancao.

    Baka iligpit yan, to make it appear that it is Lacson’s revenge.

    Ganyang-ganyan ang nangyari kay Campos, according to Glenn Dumlao in his deposition submitted to the District Court of NJ.

  48. perl perl

    hehe mike, kapag napakulong nila si Lacson.. para na din nilang naproteksyunan ang mga Pidals… kita naman natin sa halos 8 buwan na bumaba si Gloria sa malacanan.. wala pa din ni isang nasasampang kaso laban sa mga kanila… (meron isang plunder case , gimik lang ata)..
    tingin ko hindi pwde kay Lacson yang ganyang kabagal at maghihintay pa ng TC… pag balik nya… malamang hindi magtatagal didiretso sa DOJ yan para sampahan na sila ng plunder! ang daming ebidensya at testigo noong nakaraang senate hearing…

  49. perl perl

    #47, for sure alam din ni Mancao yan. kaya mas mabuti sa kanyang kumampi na kay Lacson ilabas lahat ng nalalaman.. for me, biktima din si Mancao ng mga naiipit na labanan ng mga higante sa pulitika… kaya nga may hinala kong sinadya mismo ni Mancao na pahinain o sirain yung kredibilidad nya pra hindi halata nung mga nagpapakain sa kanya at hindi sya madisgrasya…

  50. perl perl

    hehe, tounge.. ayaan mo na kami.. nage-enjoy lang 😀

  51. In a separate report by Nimfa Ravelo aired over dzBB, Honasan also said he is hoping his Senate colleague will reemerge from hiding anytime soon.

    Manahimik ka nga! As if. Sino ba mahilig magtago? Sino nagpauso? Nagdidisguise pa ng babae. Tigil mo na yang kakaepal mo pwidi?

    Kawawa si Mancao. Lagot ka, mag-disguise ka na rin. Animal costume, bradder. Pwede ka namang maging man-cow. Hahaha.

  52. Nag-eenjoy din ako. Lalala…

    Teka, teka, tekaaa!!

    Masalimuot talaga itong class ’71. Yung isa, mukhang ibabalik sa kulungan matapos mag plea bargain at mabukong lalo ang sikretong mga kayamanan niya. Yung isa naman, hindi na makukulong.

    Tapos yung isa puro lang epal.

  53. chi chi

    Below Supreme Court, ang mga korte nagpapakitang-gilas kasi wala na ang Arroyo-Pidal. Tingnan si Judge Pimentel, ang tigas ng si putot pa ang nasa trono biglang ‘pinag-aralan’ ang kaso nina Trillanes. Gayundin ang kay Lacson, nakita nila bigla ang merits of the case. 🙂

  54. chi chi

    Sumasakay si Hudasan kay Lacson ngayon samantalang siya mismo ang nagpipilit na sumurender si Ping. Sinisira ni Hudasan ang aking excitement!

  55. @No. 6

    Good point, Sax. But I beg to disagree.

    The accused (Lacson) has not been convicted in a final judgment. In fact, he was acquitted by the CA. If the acquittal becomes final and Lacson sues Mancao for false testimony under Art. 180 of the RPC, Mancao shall, if convicted, suffer a penalty of arresto pursuant to Art. 180 (4), i.e. 1 month and 1 day to 6 months (not prision correctional as you opined). One of the constitutive elements of false testimony under Art. 180 is that the defendant against whom the false testimony is given is either acquitted or convicted by final judgment. In case of acquittal, Art. 180 (4) applies. Please see People vs. Maneja (G.R. No. L-47684, 10 June 10 1941)

  56. saxnviolins saxnviolins

    # 56

    Sorry for the error. I stand corrected.

    Was in a hurry to post. I thought I remembered the provision using the word “punishable”, but it says “shall have been punished”, implying an actual sentence, not an imposable sentence.

    But even if Article 180 is not applicable, Article 183 may be employed. Section 1 (f) of PD 1829 may also be employed, which states:

    (f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases;

    is punishable by prision correccional in the maximum.

    It states “investigation of, or official proceedings” in criminal cases. That should include preliminary investigations; and Mancao’s affidavit was used in the preliminary investigation to find probable cause.

    Section 2 of PD 1829 states further:

    If any of the foregoing acts is committed by a public official or employee, he shall in addition to the penalties provided thereunder, suffer perpetual disqualification from holding public office.

    So may buwelta pa rin, against the USECs, the NBI director, and Hazel Valdes.

  57. perl perl

    Ayosh! anong binigay o pinakain sa kanila ni Goyang at nilagay nila mga leeg nila sa ganyan kalokohan? sobrang laki pala ng parusa…

  58. truthseeker truthseeker

    Like all the other unsolved murder cases, the question is if it was not Lacson, who killed Dacer and his driver? Same question is being asked about the Vizconde victims if indeed Webb and company did not commit the crime. Basta na lang ba ganyan?

  59. perl perl

    very controversial ang class 71.. ibang klase talga humulma si Marcos… kainitan ng martial law nung pag graduate nila!

  60. parasabayan parasabayan

    I am looking forward to Ping making his speech at the senate when he gets back.

    The Senate gets better already to legislate to put away the bad guys!

  61. henry90 henry90

    Perl:

    Come to think about it. Call it gut feel. But I see the hand of Malacanang behind the CA’s decision to acquit Lacson. Remember that Aquino was encouraging Lacson to fight his battle in the legal arena. Token lang yang resistance ni De Lima. Para di lang sabihin na kinakampihan si Lacson. Pero I have it on good accord that there was really no honest to goodness effort na hanapin siya. Sa media lang siya hinahanap. Pati kunwari yung Motion for Recon ng DOJ, for show lang yan. Aquino was helping to absolve Lacson the legal way, reminiscint of the Magdalos. Mas di garapal di ba? At least, yung mga kritiko nila, walang masabi sa paraan ng paglaya nila. 🙂

  62. henry,
    remember we’ve been talking about the president needing some “heavy hitters” on his side? well, he’s getting them, and just in time…
    without resorting to setting up a super spook group or an “anti coup” shock troopers – any capability of Gloria and her minions mounting a coup (she certainly can afford to finance one) is shot. We all know that the military is the game changer or the last nail in the coffin of a besieged admin so exposing the main motivation (recently) for the top brass to side with the coup plotters and people “kuno” has more than castrated this capability.
    The opening salvo of casting aspersion on the president, discrediting, highlighting irresponsible bacchanalian nocturnal activities, incompetence, weakness, etc, has been underway already. The bishops have been fed counter intelligence and are like clockwork weaving their magic through the masses praying for another EDSA.
    What else can the shadow forces do now, blow up another bus? how about another mall?
    Too bad the real enemies of the state are too full of themselves and underestimated the present dispensation…”when strong, feign weakness, when weak, feign strength” now who said that?

  63. so we see people showing their hand too early in the game, the gullible bishops tricked into becoming megaphones, media (especially the isumbong kind)…more to come…

  64. rose rose

    Mike: hindi ko alam na taga Cavite si Lacson…karamihan kasi ng mga Lacson ay taga Negros…(yon lang kasi ang mga nakilala kong Lacson)…kadalasan kasi sa amin, malaman mo kung taga saan ang isang tao by his/her family name..

  65. i wonder if aquino is taking lessons from estrada?

  66. truthseeker truthseeker

    I also see Malacanang’s hand in CA’s junking of Lacson’s case. And it was timed with the ongoing Garcia Plea Bargain hearings. Lacson’s staff and men helped President Noynoy last election. NFA Administration Lito Banayo is also Lacson’s boy.

  67. henry90 henry90

    #63. Reminiscent. .baw linti.

  68. cmgbx777 cmgbx777

    sen. lacson mabuhay po kayo! payback time.

  69. Yeeheey!

  70. I won’t go out from hiding yet. There’s still the Supreme Court which is populated by the Glorified Bitch’s asslickers.

    [thanks, adb.]

  71. macshock macshock

    #57, 58

    aliw talaga pag lacson issues sa blog ni ellen! LOL

    nice legal analysis Lito and Sax. apart from the legal liabilities, however, there is a strategic one. i dont see what sen. lacson stands to gain by filing suit against mancao. the “witness” has already lost credibility and the senator stands to see the light of day without fear of further prosecution on this matter (well, fine, there will always be someone who will try..). so to prosecute mancao will only give the impeached witness another venue to spin a tale and find a willing crowd to believe him.

    i say let this mancao go and let him live his own sordid life with even more diminished self respect.

  72. chi chi

    Arrest warrant vs Lacson still in effect — Secretary De Lima

    The arrest warrant against Senator Panfilo Lacson remains in effect even if the Court of Appeals has revoked it, as the ruling is not immediately executory, Justice Secretary Leila de Lima said on Friday. The appeals court had dropped the arrest warrant after granting Lacson’s petition to dismiss the double murder case for the Dacer-Corbito killings filed against him. – http://www.abs-cbnnews.com
    __

    Beware of de Lima! Atat na atat si de Lima ma matiklo si Ping! Of course it’s not final and executory but why the gigil na gigil na press release coming from her? I don’t buy that PNoy and de Lima are in sync re Ping’s case.

  73. saxnviolins saxnviolins

    I beg to differ with the Secretary.

    The fact that the decision has not achieved finality only gives the government the right to appeal – to ask the Court of Appeals to change its mind. But until the Court of Appeals changes its mind, the order prohibiting the RTC from acting (including executing the warrant of arrest) on the case against Lacson stands. I doubt that any RTC judge will continue to act given the outstanding order that has not been set aside.

    May the DOJ and NBI move? At their peril. They may be cited in contempt.

    I will not advise Lacson to surface soon, but I would advise friends and family, if somebody knocks on your door asking for Lacson’s whereabouts, that is indicative of their seeking to effect the warrant of arrest. I would use that as basis to ask the CA to cite the DOJ in contempt.

  74. Phil Cruz Phil Cruz

    What the f__k! Ano ba talaga, Kuya? Ang gulo.

    My non-legal simpleton brain cells can’t take all these legal gobbledygook interpretations.

    First it was the “Plunder or Plea Bargaining” gobbledygook. Now it’s the “immediately executory” gobbledygook.

    They’re talking turkey.

  75. Phil Cruz Phil Cruz

    But thanks to Mr. Sax, I’m learning more and more about turkey talk.

  76. saxnviolins saxnviolins

    Ang tigas naman ng ulo. Sinabi na ng CA na manipis, ipipilit pa.

    The CA said there were two USECs, Hazel Valdes, and an NBI director who “guided” Mancao in making his affidavit. What would have been the proper procedure?

    Ask Mancao to make his affidavit, since it is only a factual narration anyway; and only the declarant knows what he heard. Then, when the affidavit has been signed, evaluate it to see if it is enough to provide basis for a probable cause finding against Lacson, and apply to the RTC to make Mancao (a co-accused) a state witness.

    But in this case, Mancao’s recollection was not only evaluated, it was coached (guided daw), para maipit si Lacson. I can’t believe De Lima is just letting this slide, kumampi pa.

    Mag-imbestiga pa kayo. How come nobody has talked to Father Baldostamon?

  77. perl perl

    http://www.gmanews.tv/story/212237/ex-doj-chief-tells-ca-mancao-a-credible-witness-vs-lacson
    In a phone interview with GMANews.TV on Friday, Gonzalez said CA erred in saying that former police Superintendent Cezar Mancao II was “not credible and trustworthy witness” against Lacson, the prime suspect in the Dacer-Corbito killings in 2000.

    “I have not read that decision and it’s quite difficult to make a comment on something I’ve not yet analyzed. But I disagree with the Court of Appeals justices when they claimed that Mancao is not credible,” said Gonzalez.

    Buhay pa pala tong siRaulo… magingat ka sa paglabas… dahil baho mo naman ang aalingasaw…

  78. chi chi

    attySnV, thanks for the much needed clarification.

  79. chi chi

    “..But in this case, Mancao’s recollection was not only evaluated, it was coached (guided daw), para maipit si Lacson. I can’t believe De Lima is just letting this slide, kumampi pa.”

    And I believe de Lima is strictly following the whims of her two powerful patrons, not PNoy!

  80. perl perl

    Dumlao tells Dacers: Lacson is innocent
    http://www.abs-cbnnews.com/nation/02/04/11/dumlao-tells-dacers-lacson-innocent

    “Alam ko naman na ang totoo ay magsa-surface dahil una, palagi kong sinasabi sa mga prosecutors they should not pin their hopes on the testimony of Cezar Mancao. Matagal ko nang sinasabi na wala siyang (Mancao) alam, nabulag siya (Mancao) sa kasong ito (I knew from the start the the truth will prevail because I have been telling the prosecutors that they should not pin their hopes on the testimony of Cezar Mancao. I have said that Mancao knows nothing, that he was blinded by this case),” Dumlao said.

    He added that he has been telling the prosecutors handling the Dacer-Corbito double murder case that Lacson had nothing to do with the murders.

    Dumlao said that the past administration used Mancao to get back at Lacson, a staunch critic of the Arroyo administration.

    He said that the key person in the Dacer-Corbito murders is former police superintendent Michael Ray Aquino, who is currently detained in the US for a case of espionage.

    “Sa Malacañang, sinasabi ko palagi iyan sa statment ko sa korte. Pauwiin si Col. Aquino, sigurado sa Malacañang ang mastermind,” he said

  81. Ok, De lima, tapos na yang kay Lacson.

    YUNG KAY GLORIA NAMAN! Namputa o.

  82. Saan ka ba talaga, De Lima? Sabi ng boss mo, “Kung walang corrupt, walang mahirap”. Simulan mo na yung sa mga kurap! Pero ang gusto mong ipakulong yung mga lumalaban sa kurap. Ano ba, ang tagal nung kay Gloria.

    Kilos na Aling Lilia, tanghali na!

  83. Kaya ako dumidistansya muna ako sa mga matigas na kritiko ni Noynoy. Pambihira, yung ibang mga FB friends ko, nananawagan na ng rebolusyon at impeachment. Magkakaibang grupo yan.

    Susmaryosep, ngayon pa lang tayo nakakasilip ng konting hustisya, gusto na agad tapusin.

    Gamitin ba namang dahilan yung mga sportscar, carnapping, bus bombing. Nagki-kritiko rin ako kung malinaw na ang pinanggalingan ng sablay e kay Noynoy mismo pero kung sa kaliit-liitang kasalanan ng empleyado ng gobyerno gusto nilang pakialaman ng Pangulo, kalaban nila ako diyan.

    Ang kagalingan ng isang superior ay nasusukat din kung paano niya ipinauubaya ang desisyon sa level ng mga tauhan niya (delegation of responsibility). Kahit sa kumpanya ko, ayoko na ang tauhan ko ay walang desisyon, kung ipapasa niya sa akin ang lahat ng problema, sisisantehin ko na lang siya.

    Kaya nga tayo dito ay bumabanat kay Noynoy pag dating lang sa policy at sa pagpili ng top government officers na inaappoint niya pati na ang mga ginagawa (at di ginagawa) ng IMMEDIATE subordinates niya.

    Para sa akin lang, kung ganyan ang ating pananaw sa ating leaders, hindi na tayo muli makaka-experience ng mga coup at mga presidenteng kagaya ni Gloria.

  84. perl perl

    http://newsinfo.inquirer.net/breakingnews/nation/view/20110204-318488/DZIQ-No-more-basis-to-hunt-Lacson-down-PNP-spokesman
    MANILA, Philippines—The Philippine National Police has stopped its operations to hunt down fugitive Senator Panfilo Lacson, PNP spokesman Chief Superintendent Agrimero Cruz, Jr. said in a Radyo Inquirer interview Friday.

    Cruz said that the PNP works on the basis of warrants of arrest issued by the courts.

    “If there is no more warrant of arrest, there is no more basis to arrest the person (Lacson), otherwise, we might be violating his human rights,” Cruz said in Filipino.

    ano ba talaga? hay.. iba-iba ng opinyon..

  85. Diego K. Guerrero Diego K. Guerrero

    Tama na ang press releases mo Sec. De Lima. Si Gloria Pidal Arroyo,et al ay wala pang kaso galing sa DoJ. Ano ba iyan?

  86. Isagani Isagani

    Huli man, let me say:

    Mabuhay si Ping Lacson!

  87. rose rose

    Not only is De Lima in dilemma ma dilim na. mukhang for putot siya…pero hindi naman ako magtataka..aftr all wasn’t she put in that position by putot? she owes her soul to putot… malungkot tunay..wala na bang pag asa ang ating bayan? mabuti pa sa Egypt may bukas pa…kaya seguro mas gusto ni Cimatu doon…nandoon ang “rainbow”…hindi ba at the end of the rainbow is a pot of gold….

  88. rose rose

    magulo sa Egypt dito naman sa amin hindi pa nga natunaw ang bundok bundok na snow sa side streets magroon na naman bukas..ay! ay! de malas…kalisud sing kabuhi!

  89. baguneta baguneta

    Para kay Ping…Yipeeeeeeeeeeeee

  90. Hehehehe! Sabi ko noon ay magtago muna si Lacson at lalabas na lang pag ayus na ang buto-buto.

  91. truthseeker truthseeker

    DOJ’s De Lima continues to oppose Malacanang’s decisions. It’s good and bad, though. Dahil galing siya sa Human Rights Commission, medyo mahigpit at palaban siya di tulad ng dating matandang Raul. Maraming tagahanga ni Ping ang natuwa sa pagbasura ng kanyang kaso. But there are some who think it’s a trap to get him out of hiding; then he could still be arrested. Tutoo man o hindi na siya ang utak sa pagpatay kina Dacer, ano ba naman ang dalawang biktima sa napakaraming mga napatay ng mga Ampatuan. But then, one single life is as important as 50 lives.

  92. parasabayan parasabayan

    Rose, I still believe in De Lima. Medyo masyado naman yatang “slip showing siya” kung sasangayon siya kay Lacson kaagad. Baka makasuhan pa siya ng “favoritism” ng kampo si Dacer-Corbito heh,heh,heh. She has to show a little sensitivity sa mga nawalan. Human rights lawyer yan nuon.

  93. I have the same sentiments as Tongue re #86.

    The questions on Aquino’s competence as a leader remains but as I have always said, I know his heart is in the right place which you cannot say of Gloria Arroyo.

    A rare opportunity has been handed to him to lead and effect change in this country. While he has made headway in some, he has been a frustratingly slow learner in some areas (foreign affairs in one example).

    I know many well meaning people, as of now, are doing all the “alalay” for him. That I appreciate and support. I hope naman he realizes the urgency of the problem and learns fast.

  94. rose rose

    psb: ang ibig mong sabihin kailangan ni Dilimna na makilaro? Kung baga sa sabong…kailangan niya tumaya sa pula at sa puti? safe nga siya…Secretary of Justice when equal scales she holds wins? believe din ako sa kanya…matalino tunay! well, after all…isn’t life all a game?

  95. truthseeker truthseeker

    President Noynoy has a good heart and some well meaning friends. But at the same time, he has also those opportunists around him. And unless the Hacienda Luisita massacre is not resolved, it would continue to haunt him.

    One difference between President Noynoy and his late mother is the latter’s total submission to the Catholic Church and Bishops. President Noynoy appears to have the guts to oppose the meddlesome church. Dapat mag-ingat siya sa simbahan. Dalawang pangulo na ang napatalsik dahil sa simbahan.

  96. parasabayan parasabayan

    Rose, sensitivity issue lang sa palagay ko kaya de Lima has to make pronouncements na ginagawa lang niya ang trabaho niya. It is not playing games nor siding with the bansot. If you can recall, she may have served under the bansot but they had a lot of differences then. Besides, de Lima always sided with the aggrieved as far as I can recall.

  97. Al Al

    Siyempre pinaninindigan ng mga prosecutor ang kanilang linya na utos noon ni Gloria Arroyo para lang makulong si Lacson dahil tinik sa puwit niya. Madali maintidihan yun.

    Ito namang si de Lima, sa halip na sabihan ang kanyang mga prosecutors na tumino and practice genuine justice,she is supporting their distorted brand of justice.

    I can’t fully figure de Lima. I like the way she conducted the Aug 23 Rizal Park hostage taking investigation. But I’m disappointed with her in the case of Lacson.

  98. ‘Buti pa siguro palitan na lang ni Aleng Heidi si Dilemma…

    …pwede kaya ‘yon, ‘Torni?

    Anong sey mo?

  99. Bakit kaya parang madali kang magbago kung nasa gobyerno ka?

    Kaya ako, 2 years pa lang umalis ‘agad.

    Di ko feel, kasi, eh. ;->

  100. saxnviolins saxnviolins

    re #101:

    Ang isda ay nilalagay sa tubig.

    Chairman Reynaldo Villar’s term expired on February 2, 2011.

    So bakante na ang Chairmanship.

  101. saxnviolins saxnviolins

    Expired na rin ang term ni San Buenaventura.

    Diyan dapat ilagay si Heidi, as chairperson or commissioner.

    It would be a first, since wala pang babaeng Chairperson ng COA.

  102. SnV, I understand that’s what Malacanang wants to do, if Heide agrees. But I understand Villar, an Arroyo loyalist, is contesting the expiration of his term.

    Anyway re #101, Heide is not a lawyer.

  103. saxnviolins saxnviolins

    Villar was appointed in 2004. The Constitution says there shall be no reappointment.

    Of course, they can mount the facetious argument that he was first appointed as a commissioner, then later, appointed as chairman, so there was no reappointment. He will say that his seven year term will be reckoned from the time that he was appointed as chairman. But that would be an aggregate term of more than seven years, which is not allowed.

    The other thing is, all of them are accountants. The Constitution says that at no time shall all commissioners (a chairman is a commissioner, but primus inter pares, like the CJ in the Supreme Court) belong to the same profession.

    He can contest all he wants, but there is no stopping the President from issuing an appointment and sending it to the Commission on Appointments.

  104. saxnviolins saxnviolins

    Makes me wonder why kapit tuko ang COA chairman.

    Has he not finished cooking the books?

  105. Alberto Romulo had wanted Villar’s post but Malacanang won’t give it to him. Kaya yan, hinahanapan pa ng mapagkitaan. Meanwhile, he stays put at the DFA. Kawawang DFA.

  106. truthseeker truthseeker

    Romulo must go. What does he possess to gain Noynoy’s sister or sisters’ support? I can only think of one reason: Gratitude for being a Cory loyalist.

  107. parasabayan parasabayan

    Sana nga si Heidi will be the head of the COA. Maraming malalaking isdang mahuhuli. Sana nga tanggapin ni Heidi yung posisyon kung sakaling iaalok sa kanya ito. This way, she will be able to effect the changes she so wanted to do.

  108. rose rose

    Carague must be waiting for the right age to retire…is age 65 the retirement age? kaunting panahon na lang at mag retire na yan..si Carague ang Budget Commissioner noong panahon ni Cory..

  109. martina martina

    Ang mga taga COA din ang masters ng mga palusot. Parang pulis patola, sasabihin- hoy huli ka, pero kung gusto mo ayusin natin, sa tamang halaga may palusot, areglado na.

  110. truthseeker truthseeker

    COA could either be Commission on Audit or Commission on Appointment. But I presume we’re talking about Audit here. COA auditors are well fed and taken care of when they go around the country auditing. But if the auditor doesn’t cooperate, he gets killed like what happened to Chan in Ilocos Sur.

  111. gusa77 gusa77

    Balik PING,Mancao,at DOJ ni dorobo,nagtatawa lamang si bigote,{not ERAP},may isang bigote ngayon nag-ahit na upang ma-wala ang hinala sa kanya,nakalabas sa oblo,nabalik sa service at promoted,retired na,humahawak ng gov position,sa mga gumugulong na bagay,at maaring ito rin ang tak”U”sa now U see!!now U don’t your wheel!!na registered na sa iba at legalized na na-ibebenta,sino kaya siya???dati tao ang biz ang hawak para maka-pera,ngayon naman iba linya,mga gumugulong naman,isa rin member na pinag-aral ng pera ni JUAN,sa AKADEMIA upang maging “MILYONARIO”,hulaan na lang.

  112. henry90 henry90

    Berroya

  113. Sad, pero I still have to see ONE resident auditor from COA who does not have a hand in rigging gov’t biddings or at least receiving gifts, monetary and in kind, from gov’t suppliers.

    Which is the only logical explanation since you won’t have a rigged bidding unless the resident COA auditor will allow it.

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