Lacson takes steps to avoid arrest

MANILA, Philippines (2nd UPDATE) - The Department of Justice (DOJ) on Thursday filed two murder cases against Sen. Panfilo "Ping" Lacson for his alleged involvement in the killings of publicist Salvador "Bubby" Dacer and his driver, Emmanuel Corbito, in November 2000.

A radio dzMM report said the murder cases were filed by a DOJ panel headed Senior State Prosecutor Peter Ong at the Manila Regional Trial Court (RTC).

"This morning, the Department of Justice filed the information against Senator Panfilo Lacson. Two information: one for the murder of Dacer and another one for the murder of his driver, Corbito," DOJ Secretary Agnes Devanadera told reporters.

According to the DOJ, there was probable cause to file the murder cases. It was based partly on the affidavit executed by former police officer Cezar Mancao on February 13, 2009 in Florida.

Mancao was a member of the defunct Presidential Anti-Organized Crime Task Force, which was concurrently headed by Lacson while he was chief of the Philippine National Police (PNP) in 2000.

Aside from Lacson, former President Joseph Estrada is also being implicated in the twin killings.

The DOJ panel has also asked the court to consolidate Lacson's murder cases with the previous cases filed before the Manila RTC Branch 18 against a set of former police officers allegedly involved in the murders.

Devanadera said they are expecting the Manila RTC to immediately raffle off Lacson's murder cases.

After being raffled, the judge will have 10 days to review the records of the case before issuing an arrest warrant.

Lacson tries to avoid arrest

Meanwhile, Sen. Panfilo Lacson avoided possible arrest in connection with the Dacer-Corbito kidnap-murder case by promptly asking the court to review the charges filed against him by the DOJ. 

Immediately after the DOJ filed the information with the Manila RTC, Lacson's legal team headed by Atty. Alex Poblador immediately filed an Omnibus motion that asked, among other things, for a judicial determination of probable cause.

Atty. Alex Avisado, a member of Lacson's legal team, said a hearing has been set for January 15. Included in the Omnibus motion is a request that the case against Lacson be transferred from Branch 32 to Branch 18, which is hearing the case against the other accused in the Dacer-Corbito kidnap-murder.

The motion for judicial determination of probable cause allows Lacson to buy time against possible arrest.

Avisado said the court would have to resolve their motion first before it could issue a warrant of arrest against Lacson. "There is no basis at this point to issue a warrant of arrest against Senator Lacson," he said.

Without any such motion, a court could issue an arrest order within 10 days.

"With our motion, the judge can order an evaluation and there are three scenarios. She can say there's no need to go to trial and dismiss the case, she can require the prosecution to show more basis to support the charges, or she can determine that there is merit (to the charges)," Avisado explained.

"But we are hopeful that the judge will find merit in our position that there is no probable cause (to charge Lacson)," he said.

Avisado said they expect the DOJ to oppose their motion, which would then give them another opportunity to reply. 

Estrada welcomes news

Meanwhile, Sen. Jinggoy Estrada welcomed the DOJ move insofar as it did not include his father former President Joseph Estrada. The former president was also linked to the murders by Mancao.

"It only shows na wala silang ebidensya laban kay Pangulong Estrada. hearsay, wala talaga silang direct or even testimonial evidence," the younger Estrada said.

As for Lacson, with whom he crossed swords over the Dacer-Corbito issue, Senator Estrada said: "Let justice take its own course ... He is old enough or he is man enough to face case in court. At least he is being given a chance to prove his innocence." - reports from Lynda Jumilla, Timi Nubla, ABS-CBN News;  Nelson Lubao, radio dzMM