Lacson’s camp files motion for clarification with CA

February 8, 2011 11:49 am 

MANILA, Feb. 7 -– The camp of Senator Panfilo Lacson filed on Monday an urgent motion for clarification before the Court of Appeals regarding the court’s earlier ruling that junked the warrant of arrest and dismissed the criminal cases against Lacson in connection with the twin killing of publicist Salvador ‘Bubby’ Dacer and his driver Emmanuel Corbito in November 2000.

At a press conference at the Senate, Lacson’s lawyer Atty. Alex Poblador said they wanted the appellate court itself to clarify whether or not the nullification of the warrant of arrest against Lacson is executory.

”There is a raging debate whether or not the quashing of the arrest warrant against Senator Panfilo Lacson is already effective, considering that there is still a period of 15 days to file a motion for reconsideration from the decision dismissing the cases,” Poblador said.

Poblador said they filed the urgent motion for clarification after Department of Justice (DOJ) Secretary Leila de Lima and the Philippine National Police (PNP) commented that the arrest warrant against Lacson is still in effect, despite the CA decision.

”Clarification is urgently needed because the position taken by the Secretary of the DOJ and the PNP is a continuing threat to petitioner’s liberty and defeats the very essence of this Honorable Court’s ruling that there is no probable cause against petitioner and he should be spared of the pain and agony of trial and arrest,” stated in the motion for clarification.

Poblador insisted that the CA decision has nullified and set aside the orders finding probable cause for the issuance of arrest warrant and it dismissed the criminal cases against Lacson.

”The CA did not only dismiss the criminal cases, it set aside the orders finding probable cause for the issuance of the arrest warrants. This effectively quashed the arrest warrant, for how can the arrest warrant continue to be effective if their issuance has been set aside and nullified?,” Poblador reasoned out.

”So, the only issue is whether the quashing of the arrest warrants is immediately executory. Both sides have presented their positions with regard to this issue and this issue cannot resolve itself. So we have this (Monday) afternoon filed a motion for clarification with the CA precisely to resolve that issue,” he said.

Poblador expects the resolution of their motion in a few weeks time, hoping for positive result that would convince Lacson to finally surface since going into hiding in January last year.

”And I hope this will hasten the process that the issue, which should not have arisen at all, if the DOJ had just followed existing jurisprudence and the Rules of Court, if all these had been followed then I think the senator, I have no doubt the senator would have surfaced already,” Poblador said.

Poblador, however, clarified that he has no idea to the whereabouts of Lacson who has been accused of masterminding the killing of Dacer and Corbito when he was still PNP chief during the time of former President Joseph Ejercito Estrada.

”My advice to him is the same. You should face the legal process. But he has made a personal decision. And I doubt he will surface before this matter is clarified,” Poblador said.

Poblador said he communicated with Lacson through the the latter’s family. (PNA) dct/jfm/utb


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