Arrest warrant out for Ping
By Sandy Araneta (The Philippine Star) Updated February 06, 2010 12:00 AM
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MANILA, Philippines - The Manila Regional Trial Court yesterday ordered the arrest of Sen. Panfilo Lacson
as the principal accused in the murders of publicist Salvador “Bubby” Dacer and his driver Emmanuel
Corbito in November 2000.
Manila RTC Branch 18 Judge Myra Garcia-Fernandez issued the warrant for the arrest of Lacson a month
after the Department of Justice (DOJ) filed the murder charges against the senator for allegedly
masterminding the killing of Dacer and Corbito.
The arrest warrant was dated Feb. 4 but was released only yesterday.
Lacson left the country on the evening of Jan. 5 on Hong Kong-bound Cathay Pacific flight CX 904.
He released a statement admitting his escape from the country to avoid what he called “harassment” by the
Arroyo administration.
Justice Secretary Agnes Devanadera ordered the National Bureau of Investigation (NBI) to serve the warrant
on Lacson.
Devanadera also ordered the NBI to coordinate with the International Police and other foreign law
enforcement agencies to track down Lacson and serve the arrest warrant.
She said Lacson could be legally called a fugitive since “the law is after him now.”
“He’s no longer a tourist. He’s considered a fugitive now,” Devanadera said.
A team of NBI agents led by Ricardo Diaz arrived at the Senate yesterday to serve the arrest warrant on
Lacson.
Copies of the warrant were furnished to the offices of Lacson, Senate President Juan Ponce Enrile, and the
Senate sergeant-at-arms (OSAA).
Since there were no officials present to sign for the warrant, OSAA officer on duty Augusto Angeles received it
on behalf of the Senate while a janitor, Mario Tolentino, signed for the copy on behalf of the office of the
Senate President.
No one among the staff of Lacson was present to receive the copy of the warrant on behalf of the senator.
Lacson’s lawyers Alexander Poblador and Alex Avisado, on the other hand, said they would bring the case
before the Court of Appeals if the Manila RTC would refuse to grant their motion for reconsideration.
Poblador insisted that there is no evidence to establish probable cause to merit the issuance of a warrant
for the arrest of Lacson.
Both Poblador and Avisado, however, admitted they have yet to get in touch with Lacson on the belief that the
senator would come back and face the charges.
Devanadera said the government has “no definitive information” on the whereabouts of Lacson. She noted
reports that the senator went to Hong Kong and may have gone into hiding somewhere in Australia.
She said the government could invoke the extradition treaty with the country where Lacson would be located.
But if Lacson happens to be in a country with which the Philippines does not have an extradition treaty,
Devanadera said there are other ways to force the repatriation of the lawmaker.
She said the actions of the government would depend on data and information gathered by the NBI.
Malacañang warned that the government would have to resort to stronger measures to force Lacson to
come home and face the charges.
Deputy presidential spokesperson Charito Planas said the Department of Foreign Affairs (DFA) might have
to cancel Lacson’s passport to force him to come home.
Cabinet Secretary Silvestre Bello III explained that once Lacson’s passport is cancelled, the senator would
be considered an undocumented alien by the host country where he is staying and could be deported.
“If he (Lacson) shows indication that he does not intend to come back, his passport will be cancelled. But if
he sends feelers that he will return, that won’t have to happen,” Planas said.
“Once the order of arrest is issued, that has to be implemented, (and) he will be hunted so the court’s order
can be implemented,” she said.
The DFA, on the other hand, said it would have to wait for instructions from the DOJ on where and when it
would invoke the extradition process for Lacson’s repatriation.
DFA spokesman Eduardo Malaya said the Philippines has extradition treaties with 10 countries, including
Australia, Canada, China, Hong Kong, Indonesia, Korea, Micronesia, Switzerland, Thailand and the United
States.
Deputy presidential spokesman Gary Olivar, for his part, urged Lacson to come home and assured the
senator that he would be protected.
“Up to now, Sen. Lacson has not shown any evidence that there is really a threat on his life, so there is no
need to give him any assurance because under the law, it is the obligation and duty of the government to
protect all suspects in custody,” Olivar said.
He noted that Lacson fled the country even before the warrant for his arrest came out.
Ample time given
Devanadera said the arrest warrant against Lacson merely affirmed the findings of government prosecutors
of his alleged involvement in the double murder case.
She also argued that the Manila court’s decision disproves Lacson’s allegations of harassment by the
government.
Devanadera said the case principally stemmed from the complaint filed by Dacer’s daughters.
“What happened here was a regular preliminary investigation where he was given ample time to answer the
charges. I don’t see any reason for him to complain now when he availed (himself) of his rights during
preliminary investigation and even appeared in the hearing,” Devanadera said.
Judge Fernandez, in the 18-page resolution for the arrest of Lacson, cited several reasons why the senator
has to be arrested.
Fernandez considered the statements of former police senior superintendents Cezar Mancao II and Glenn
Dumlao directly implicating Lacson, their former boss in the defunct Presidential Anti-Organized Crime Task
Force (PAOCTF), in the murders.
Mancao had tagged Lacson, then Philippine National Police (PNP) chief, as among six people in the
PAOCTF that carried out Operation Delta, the supposed covert plan to silence Dacer.
Mancao also named former senior police officials Michael Ray Aquino, Teofilo Viña, Vicente Arnado and
Dumlao as having taken part in Operation Delta.
Fernandez had taken over the cases, including the original case filed in 2001, and ordered them
consolidated under the present case.
Fernandez also denied the motions filed by Avisado and Poblador seeking to dismiss the case against
Lacson and defer the issuance of the warrant of arrest.
She said the court found probable cause for the issuance of the warrant of arrest for Lacson and
recommended no bail during the trial.
Avisado, on the other hand, said they would review the resolution issued by Fernandez along with the
warrant issued.
“We’ll first look into this order and file the necessary motion in court questioning the findings of the (Manila)
RTC and in the meantime, we will also request that the serving of the warrant be deferred until our motion for
reconsideration is heard and resolved,” Avisado said.
Avisado noted the arrest warrant was dated Thursday and issued only yesterday, hours before they filed their
motion for consolidation, motion for judicial determination of probable cause, and the motion to exclude
information on behalf of Lacson.
Poblador insisted Fernandez committed grave abuse of discretion in considering Mancao’s statement as
basis to issue the warrant of arrest against Lacson.
Poblador argued Fernandez committed a mistake in taking over the jurisdiction of the case from another
Manila court where the case was originally filed in 2001.
No coward
Poblador and Avisado called on the government to defer any plans to extradite Lacson so as not to condition
the minds of the public that the senator has no more legal recourse to fight his arrest.
Avisado criticized Devanadera for making premature pronouncements “which tend to preempt or influence
the decision of the presiding judge.”
He said Lacson’s flight was not an indication of guilt since he left even before the arrest warrant was issued.
“At the time he left, he did not violate any law or (was proven to have committed) any crime,” Avisado pointed
out.
At the end of the day, Avisado said, Lacson would come back and face the charges against him.
“As for the lawyers, all we could do is inform him of the legal remedies available to him and as of now there
are still legal remedies available to Senator Lacson,” Avisado said.
He said Lacson could decide to preempt the service of the warrant by coming out in the open and
surrendering to the authorities.
Avisado said they got in touch with Lacson’s family and advised them of the legal remedies available to the
beleaguered senator.
“Knowing Senator Lacson, I just want to say he is not the type who will run away,” he said.
‘He’s not a coward’
Former Lingayen-Dagupan Archbishop Oscar Cruz yesterday said Lacson met with him a couple of days
before the senator left the country.
“I knew that he (Lacson) was leaving the country. He visited me in Intramuros about two or three days before
he left. We were able to talk but what we discussed was just between the two of us,” Cruz said.
But Cruz stressed Lacson is not the type of person who runs away from a fight.
“Senator Ping Lacson is not a coward. He is just afraid because the (Arroyo) administration has not stopped
harassing him,” he said.
When asked what his advice to Lacson would be, Cruz said, “I was just listening to him. I think his decision
to leave the country was justifiable.”
Cruz, former president of the Catholic Bishops’ Conference of the Philippines, said the cliché “flight is a sign
of guilt” does not apply in the case of Lacson.
“He is not a coward. He just does not stand a chance,” Cruz said.
He believed that it would be difficult for Lacson to get a fair trial under present circumstances.
Cruz said he does not know where Lacson went.
“We have not communicated since he left the country. He would just contact me when there is a major
issue,” he said.
Lacson’s Senate colleagues led by Enrile called on the senator to come and face the charges to clear his
name.
“I would suggest to him that he should come back and face the issues squarely just like what happened to
me when I was charged during the time of (former President) Cory Aquino and also (at the time of President
Arroyo), I went to court and faced the music,” Enrile said.
Enrile said the Senate would see to it that the rights of Lacson are respected and allow the law to take its
course.
“We can’t interfere with the enforcement of the warrant because that’s the action of our judicial system. As far
as the Senate is concerned, of course, we will see what assistance we could give to a fellow senator. But we
will not resist or obstruct the administration of justice in our country,” Enrile said.
Senate Minority Leader Aquilino Pimentel Jr. also said the public should withhold condemnation of Lacson
“until justice is done.”
“Double murder is not bailable but if evidence is insufficient, he might be entitled to bail,” Pimentel said.
Sen. Manuel “Mar” Roxas II said Lacson should have known what to do in case the warrant against him was
issued.
“I do not need to advise him (Lacson) what he has to do. We are ready to assist him (and) secure his safety
if he needs any help,” Roxas said. - With Aurea Calica, Edu Punay, Paolo Romero, Pia Lee-Brago, Evelyn
Macairan and Michael Punongbayan
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