The controversial senator on Thursday scored a major legal victory when the Court of Appeals threw out the murder charges against him over the twin killings in 2000 of publicist Salvador “Bubby” Dacer and his driver, and voided a judge’s order for his arrest.

But insofar as prosecutors are concerned, Lacson may still not savor the sweetness of victory because they said they would file a motion for reconsideration and, if necessary, elevate the case to the Supreme Court.

In his more than a year in hiding, Lacson has been variously reported to be in Europe, somewhere in Asia or right in the Philippines. With Thursday’s ruling, his lawyer said he might come out “soon.”

In its ruling, the appellate court’s special sixth division said that since there was no probable cause “to justify the filing of two separate information for murder against petitioner, consistent with his constitutional right to be presumed innocent and in consonance with existing jurisprudence, he should be relieved from the pain and agony of trial.”

It ordered that the warrant of arrest issued against Lacson be “nullified and set aside.”

Lacson would be the fourth high-profile opponent of former President Gloria Macapagal-Arroyo to be freed from legal restraints since President Aquino took power seven months ago. The three others were linked to plots against Arroyo.

Last July, former Marine Colonel Ariel Querubin was released to the custody of a senior officer. Last December, detained Senator Antonio Trillanes IV was released to the custody of Senate President Juan Ponce Enrile under an Aquino amnesty proclamation.

Last month, another rebel officer, Capt. Nicador Faeldon, was released also to the custody of a senior officer.

Aquino assurance

Mr. Aquino on Thursday assured Lacson that his administration would safeguard his rights when he comes out from hiding.

“My appeal to him has always been that we will guarantee him a fair trial and we will protect all of his rights,” the President told reporters.

Associate Justice Ramon Bato Jr. wrote the Court of Appeals decision. Associate Justices Juan Enriquez Jr. and Isaias Dicdican concurred.

Dacer and Emmanuel Corbito were abducted at the boundary of Manila and Makati cities in November 2000. Their charred bodies were later recovered in Cavite.

Lacson had asked the appellate court to dismiss the murder charges against him in a petition contesting the ruling by the Manila Regional Trial Court Branch 18.

The justice department and lawyers for the victims’ families filed separate murder charges against Lacson for the deaths of Dacer and Corbito.

Mancao credibility

In an 80-page decision, the appellate court thrashed the credibility of another accused in the case, former Senior Superintendent Cezar Mancao II, whose testimony provided the basis for the murder charges.

It said Mancao had the “propensity to contradict himself under oath” in a number of his affidavits.

For the court, Mancao may have also been influenced by other factors or persons in the preparation of his February 13, 2009, affidavit linking Lacson to the killings.

The court said Mancao’s contradictions were shown in his affidavits.

It said that 10 years ago, Mancao denied knowledge about a so-called “special operations” to kill Dacer. In a March 1, 2007, affidavit, Mancao said he had not implicated Lacson in the so-called “special operations.”

But, the court said, Mancao “strangely … contradicted himself in another affidavit dated February 13, 2009, in which he said police Superintendent Michael Ray Aquino had said the special operations had been previously approved and cleared by Lacson and by Malacañang itself.”

Mancao “is not a credible and trustworthy witness,” it said.

“Under oath, he contradicted himself on material points. Inconsistencies and material contradiction affect the credibility of Cezar Mancao and the veracity of his statements,” the court said.

It added that with the “serious discrepancy on a material fact,” the trial court judge “should have denied the issuance of a warrant of arrest and dismissed the case against [Lacson] for lack of probable cause.”

The court took note of the “undisputed fact” that it took Mancao eight years to implicate Lacson.

It also noted that Mancao had admitted in television interviews that the military’s then intelligence chief, Brigadier General Romeo Prestoza, had offered to help him and his family migrate to Singapore in exchange for testifying against Lacson.

‘Lacson is free’

The court also said that the allegations of the Dacer daughters that Lacson “orchestrated” the murder of their father because he (Dacer) had opposed Lacson’s appointment as chief of the Philippine National Police “is nothing but an inference or conjecture not supported by evidence on record.”

Lacson’s lawyer, Alex Avisado, was elated at the decision. “For all intents and purposes, Senator Lacson is free,” Avisado said on the phone.

He said Lacson could be expected to surface “in the very near future” so that he could perform his “duty as a senator.”

He said the appellate court’s decision meant that Lacson “has been cleared of any involvement” in the Dacer-Corbito case.

“Senator Lacson had faith in the judicial system. He has won and we’re very happy,” Avisado said. “With this, anytime soon he’ll come out.”

Prosecution undaunted

But the prosecution team vowed to pursue the case.

Evidently surprised when reached by phone, State Prosecutor Hazel Valdez told the Inquirer that the court’s decision was not yet final and executory.

“I am very sure we will file a motion for reconsideration,” Valdez said. The prosecution has 15 days to ask for a review of the ruling.

If the prosecution motion is denied, “we still have the Supreme Court,” Valdez said.

Lawyers differed on whether the arrest warrant against Lacson was no longer effective, with Valdez saying it should still be in effect.

Suspended animation

But human-rights lawyer Theodore Te said Lacson may now surface without having to worry about being arrested. He described the arrest warrant as in “suspended animation.”

Te said the prosecution could file a motion for reconsideration and also bring the case to the Supreme Court. If the prosecution is upheld, the arrest warrant would be in effect once again, he said.

Demetrio Custodio, the Dacer family’s counsel, declined comment but said he would send a text message to inform the family of the decision.

Mancao’s lawyer, Ferdinand Topacio, said the appellate court’s decision was “not a cause of concern.”

“It is not yet final and executory,” he said. “It is just one step, and not the last, in the criminal justice. It is always a long and arduous road to truth and justice, especially in this country.”

Nikko Dizon, Phil. Daily Inquirer