De Lima won't use 'plenary power' for Lacson

Posted at 12/03/2010 11:29 AM | Updated as of 12/03/2010 11:29 AM

MANILA, Philippines - Justice Secretary Leila de Lima on Friday rejected Senator Panfilo Lacson's request that she exercise her "plenary power" and order a reinvestigation of the Dacer-Corbito double murder case.

"Still reviewing records of the case and the statements from Lacson and letters from Lacson's lawyer and family. Sa ngayon, wala pa akong nakikitang napabigat na dahilan," De Lima said, in response to Lacson's request for her to exercise her "plenary power."

De Lima said that with her plenary power as justice secretary, she can intervene in a case pending before the lower courts as long as there are "clear indications that there would be a serious miscarriage of justice."

"Hindi iyan basta-basta ine-exericse. That should be exercised most sparingly," she said.

In an article in the Philippine Star last month, De Lima said she has the "option of reviewing the case against the fugitive senator even if the case is already being tried."

De Lima said she has “plenary power as Secretary of Justice” to reinvestigate the case. “But this option (of using plenary power) is only resorted to if there is clear basis,” she added.

“I can always exercise that option of plenary authority for reinvestigation, but any result or outcome of my reinvestigation will be subject to approval by the court,” she had said.

She said a reinvestigation is in order when there is newly discovered evidence that could affect the outcome of the case, adding that this allowed under the rules of the Department of Justice (DOJ) even if the trial in court has already ended.

DOJ stands by Mancao

On Friday, De Lima said she could not use such power in Lacson's case because the government's prosecution team is standing by the affidavit of the senator's former aide, former police superintendent Cezar Mancao.

She said that unless Mancao changes his testimony, and a regional trial court and the Court of Appeals decide in favor of Lacson's motion for reinvestigation, she will not act on the senator's demands.

In a letter, Lacson said he will surrender only after the DOJ agrees to reinvestigate his case.

Lacson said "it may not be the best way to spend geezerhood, but unless you get me ahead of my time, I prefer to suffer in pain but with dignity, sitting alone with my conscience for the rest of my life, rather than do time in jail for a crime I did not commit."

De Lima has said that she would be violating the law if she agrees to Lacson's demand for a reinvestigation.

Fate lies with the courts

She said that Lacson's fate already lies with the lower court and the Court of Appeals.

The justice secretary said Lacson's letter merely reinforced the National Bureau of Investigation's (NBI) resolve to hunt him down and bring him to jail.

"Sen. Lacson's 'no surrender stance' can only reinforce his status as a fugitive from justice. It can only mean our resolve to track him down is also reinforced," De Lima said.

Lacson went into hiding even before the lower court issued a warrant for his arrest based on the two counts of murder filed against him by the DOJ.

The senator faces murder charges for the deaths of publicist Salvador "Bubby" Dacer and his driver Emmanuel Corbito in November 2000.

One of the senator's closest aides, Mancao, has issued statements linking him to the double murder.

No hestitance

Meanwhile, De Lima denied that the NBI is hesitant in conducting a more serious manhunt against the senator because of his connections with several law-enforcement officials.

She said Lacson's possible support from his former colleagues in the police was one of the main reasons why she formed an elite tracker team composed of young NBI agents.

The NBI is headed by former police official Magtanggol Gatdula, who also served with Lacson in the defunct Presidential Anti-Organized Crime Task Force.


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2 comments

Equal under the law

Lacson cannot invoke special consideration without first coming out of hiding. If he keeps on hiding the government must show it has autority and power to force him out. Ordinary fugitives get "shoot to kill" orders after sufficient time has elapsed. Lacson should not be an exception. Otherwise, his case will be another black mark on the kind of justice we have in this country - proof that Filipinos truly are not equal under the law, and a black mark on President Pnoy's promise of an era of new morality.


LEILA DE LIMA THE LEGACY OF GLORIA ARROYO

Ping Lacson walang bisa ang suporta kay PNoy nuong nakaraang eleksiyon. Ang kawawang peemayer pinaglalaruan lang nina Arroyo at De Lima ang bedanista.

---------- Don't label me I am original! ----------


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