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Lacson lawyers to sue anyone who tries to arrest him
MagicMan13Date: Sunday, 2011-02-06, 4:02 AM | Message # 1
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MANILA, Philippines—(UPDATE) Emboldened by the Court of Appeals’ quashing of murder charges against him, the camp of Senator Panfilo Lacson on Saturday threatened to sue authorities if they persist in arresting the fugitive lawmaker.

Lawyer Alex Poblador argued that the court order immediately took effect despite a motion for reconsideration that was expected to be filed by the complainants.

Lacson was accused of ordering the murder of publicist Salvador "Bubby" Dacer and driver Emmanuel Corbito in 2000. The senator has been on the run since January 2010, shortly before a warrant for his arrest was issued by a lower court trying the other accused in the double murder case.

Lacson has denied the charges against him, saying he was a victim of political persecution under then President Gloria Macapagal-Arroyo.

"If the government decides to come out and they arrest him on the basis of the warrant that has already been set aside, we will file cases against the authorities and the (Department of Justice)... for arbitrary detention or illegal arrest," Poblador said in a statement.

Poblador refuted Justice Secretary Leila De Lima's contention that the arrest warrant remained in effect because the Court of Appeals was yet to nullify it despite the ruling that threw out the murder charges against Lacson.

The lawyer said arrest warrants were "obviously mere ancillary to the main criminal case and are therefore deemed automatically lifted when the criminal cases against Senator Lacson were dismissed."

"Therefore, the nullification of the arrest warrant is immediately executory," he said.

Citing Rule 39, Section 4 of the Rules of Court, Lacson's lawyer maintained that decisions on injunctions "shall be enforceable after their rendition and shall not be stayed by an appeal taken therefrom."

"Since the arrest warrants have been nullified, there is no more basis to deprive him of his liberty," Poblador said.

"A person is entitled to immediate liberty, particularly considering that he is presumed innocent until the contrary is proved, and not until the appeal or motion for (re)consideration is over."

Poblador acknowledged that the complainants could still file a motion for reconsideration and later ask the Supreme Court to review the case.

But he said "the pendency of such petition cannot stay the execution of the judgment which is the subject thereof, in the absence of any preliminary injunction ordered by the Supreme Court."

Last Friday, De Lima said the National Bureau of Investigation, which is under the DOJ, would continue the hunt for Lacson because "the warrant of arrest is still subsisting."

Christian Esguerra, Phil. Daily Inquirer

 
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