MANILA, Philippines - The Supreme Court (SC) has affirmed a 2003 ruling of a Quezon City court dismissing the multiple murder case against Sen. Panfilo Lacson and several others tagged in the killing of 11 members of the Kuratong Baleleng gang during an alleged rubout in 1995.
In a 24-page ruling promulgated last Nov. 13 but released only yesterday, the high court dismissed the petition of the prosecution questioning the decision of Quezon City Regional Trial Court (RTC) Branch 81 Judge Ma. Theresa de la Torre-Yadao junking the charges for lack of probable cause.
Lacson was implicated in the case as head then of the Presidential Anti-Organized Crime Task Force (PAOCTF), whose men gunned down 11 members of the Kuratong Baleleng on May 18, 1995 along Commonwealth Avenue in Quezon City.
The group alleged that it was a rubout while the police insisted it was a shootout.
Apart from Lacson, also cleared in the case were then National Capital Region command Chief Superintendent Jewel Canson, then traffic management command chief Senior Supt. Francisco Zubia Jr. and then criminal investigation command head Chief Supt. Romeo Acop.
Former PAOCTF officials Senior Supt. Michael Ray Aquino, Supt. Cezar Mancao and Supt. Glenn Dumlao, who were also tagged in the November 2000 killings of publicist Salvador Dacer and his driver Emmanuel Corbito, have also been absolved in this case along with 27 other accused.
It was the second time that the RTC ruled on lack of probable cause to indict the accused for 11 counts of murder.
In March 1999, the trial court then presided over by Judge Wenceslao Agnir Jr. ordered the provisional dismissal of the cases following recantation of witnesses led by SPO2 Eduardo de los Reyes and desistance of private complainants.
The case was only revived in March 2001 when the Department of Justice (DOJ) reinvestigated the case based on affidavits of new witnesses, Inspector Ysmael Yu and Senior Inspector Abelardo Ramos.
The DOJ re-filed the case against Lacson and the others before the RTC three months after.
Justices of the high court were unanimous in finding that Judge Yadao did not commit grave abuse of discretion in dismissing the case.
“The Court agrees with Judge Yadao that the affidavits and reports (presented by prosecution), taken together with the other documents of record, fail to establish probable cause against the respondents,” read the ruling penned by Associate Justice Roberto Abad.
The SC added that there was nothing wrong in the move of the RTC to examine the inconsistencies in the testimonies of witnesses presented by the prosecution – contrary to the claim of petitioner.
Thirteen other justices concurred in the ruling. Senior Associate Justice Antonio Carpio inhibited from the case due to “prior inhibition in related cases.”
The high court cited the petitioner’s failure to follow court procedures on appeal by filing their petition for certiorari directly with the SC when it should have been filed before the Court of Appeals first. – With Christina Mendez