MANILA, Philippines - Daughters of slain publicist Salvador “Bubby” Dacer opposed yesterday a petition of fugitive Sen. Panfilo Lacson for the Court of Appeals (CA) to lift the arrest warrant against him.
Carina Dacer, Sabina Reyes, Emily Hungerford and Amparo Henson said the CA need not clarify its ruling on whether the arrest warrant still stands.
“The decision did not expressly provide for its immediate execution, which it should have done if that was its intent,” they said.
Last Monday, Lacson asked the CA to clarify if the arrest warrant had been voided and set aside regardless of any motion for reconsideration without need for any action from the Manila Regional Trial Court.
However, the Dacers said the Rules of Court state that only rulings declared final and executory and with entry of judgment are for immediate execution.
“In the present case, the honorable court’s decision has not yet become final,” they said.
“Private respondents received a copy of the decision on Feb. 4, 2011 and have until Feb. 19, 2011 to file a motion for reconsideration or appeal to the SC. In the meantime, the honorable court’s decision does not attain finality and consequently may not be executed.”
The Dacers said the Supreme Court (SC) had ruled that display of keen interest in the immediate execution of its decision makes the concerned CA members liable for disciplinary action.
The lawyer of former police senior superintendent Cesar Mancao II will ask a Department of Justice panel to look into the possibility of seeking the inhibition of CA Justice Ramon Bato from further hearing the case of Lacson.
Lawyer Ferdinand Topacio said the panel is comprised of prosecutors from the Department of Justice (DOJ), the Office of the Solicitor General, lawyers of the Dacer family and the lawyers of Mancao.
Bato penned the 80-page decision reversing a Manila court’s finding of probable cause against Lacson and voiding the warrant for his arrest.
Topacio said based on reliable information Bato is a protégé of Lacson, who was instrumental in his appointment as municipal trial judge in Imus, Cavite and his other promotions in the judiciary.
“If this is true, then Justice Bato is definitely beholden to Mr. Lacson and did not possess the cold neutrality of an impartial judge in deciding the case in Lacson’s favor,” he said.
Topacio also claimed that Lacson interceded in the appointment of Bato’s wife as clerk of court in a town in Metro Manila.– With Sandy Araneta