"We concluded that there is not enough basis to call Mr. Estrada to answer the allegations. There is not enough justification, it will not stand in court," Perez told reporters.
The Department of Justice (DOJ) will have to summon other police officials named by arrested suspect Superintendent Glenn Dumlao of the defunct Presidential Anti-Organized Crime Task Force (PAOCTF) in his affidavit.
Apart from Estrada, Dumlao had implicated Lacson and his protégés, Senior Superintendents Michael Ray Aquino and Cesar Mancao.
"The rest should be asked to explain their participation," Perez said.
The DOJ chief said they will file before the sala of Manila Judge Rodolfo Ponferrada a motion seeking a preliminary investigation into the individuals tagged in the Dacer case.
Perez clarified, however, that they have yet to determine whether Dumlao, former deputy chief operations of the PAOCTF, would be used as a state witness against the killers of Dacer and his driver Emmanuel Corbito.
"His role as a witness will have to be assessed later," Perez said.
Last Friday, the DOJ hinted that the involvement of the deposed president might only be hearsay.
"I do not want to go on a wild-goose chase," Perez said. "If there is no sufficient evidence, why the need for an investigation?"
He also pointed out that Lacson, former head of the PAOCTF, has to be investigated on strong evidence and cannot just be pinned down on the theory of command responsibility.
"If based on command responsibility, no. But if an officer claimed that he ordered him to do it, yes," Perez replied when asked if Lacson would be summoned to answer charges.
The DOJ, through a panel headed by State Prosecutor Ruben Carretas, had filed double murder charges against 22 people in the Dacer case, including Dumlao.
If new personalities are found to have conspired with those previously indicted, then the DOJ will file an amended charge sheet.
Among those charged with Dumlao are Chief Inspector Boy Arnado, Inspector Bobby Lancauan, SPO4 Benjamin Taladua, a certain SPO3 Villanueva and PO3 Lacasandile, SPO1 Mario Sarmiento, SPO1 William Reed, PO2 Thomas Sarmiento and SPO1 Ruperto Nemeno.
Also indicted were SPO4 Marino Soberano, SPO3 Mauro Escalante, SPO3 Mauro Torres, Crisostomo Purificacion, Digo de Pedro, Renato and Jovencio Malabanan, Rommel Rollan, Margarito Cueno, Alex Diloy and brothers Jimmy and William Lopez.