DOJ'S REVIEW OF DACER CASE ENDS / SC CLEARS ERAP, OTHERS OF PLUNDER
MANILA, OCTOBER 9, 2009 (STAR) By Edu Punay - The Department of Justice (DOJ) concluded yesterday its reinvestigation of the November 2000 murders of publicist Salvador “Bubby” Dacer and his driver, Emmanuel Corbito.The panel of prosecutors moved to wrap up the preliminary investigation and resolve the criminal complaint filed by the Dacer family, denying Sen. Panfilo Lacson’s request for 10 more days to file his answer and submit his defense.
Lacson was required to attend yesterday’s hearing at 9:30 a.m. and submit his counter-affidavit but failed to comply. His lawyers, Alexander Poblador and Gregorio Fernandez, took turns asking the panel to allow them more time.
Poblador also asked the prosecutors to take “judicial notice” of their petition at the Supreme Court seeking to stop the preliminary investigation of the case by the DOJ.
The probe panel, led by Senior State Prosecutor Peter Ong, said they had to end the probe, and noted that the defense “had so much time already” since the complaint implicating Lacson was filed March 27.
Ong cited the rule in criminal procedure that requires respondents to submit a counter–affidavit 10 days after receiving the complaint and all supporting documents and evidence.
Fernandez later told reporters that Lacson was under “political persecution” by “some people out to get him,” but added that “we’re not saying” it is the DOJ panel.
Lacson’s lawyers said they still need more time to examine all physical evidence including charred bones and dental plates identifying the remains of Dacer and Corbito.
But the DOJ panel told them to just include their pleading in the counter-affidavit.
Dacer lawyer Demetrio Custodio said they would no longer present a new witness “so as not to further delay” the probe. Witness Lymith Bagual claimed seeing Lacson and Dacer in a heated argument at a resort in Batangas a week before the killing.
Custodio said Bagual could be presented as witness to establish the motive for the double murder if the case is filed in court. – With Sandy Araneta
Metro Supreme Court clears Estrada, Velarde of plunder raps (The Philippine Star) Updated October 09, 2009 12:00 AM
MANILA, Philippines - Former President Joseph Estrada, El Shaddai leader Mike Velarde and 16 others have been cleared by the Supreme Court of plunder charges filed nine years ago.
In upholding a ruling of the Office of the Ombudsman, the SC said no probable cause existed to allow their indictment for violation of Republic Act 7080, the Anti-Plunder Law, for the alleged overpricing in the government’s purchase of a P1.22-billion land from the Velarde-controlled AMVEL Land Corp. in 1999.
The SC said ordinarily it does not interfere with the Office of the Ombudsman in determining the existence of probable cause to charge a person before the courts.
However, then Ombudsman Aniano Desierto did not commit grave abuse of discretion since the resolution clearing Estrada, Velarde and 16 others was based on substantial evidence, the SC added.
The SC did not give weight to lawyer Ernesto Francisco Jr.’s contention that the anti-graft agency gravely abused its discretion in dismissing his complaint on Nov. 16, 2001 for lack of evidence.
The SC also cleared former executive secretary Ronaldo Zamora, former public works secretary and Toll Regulatory Board (TRB) chairman Gregorio Vigilar; former prime minister Cesar Virata, Luis Virata and Manuel Zamora.
Also cleared were former TRB officials Mariano Benedicto II, Ramon Dumaual, and Ruben de Ocampo; Frisco San Juan, and Arsenio Yulo, former PEA chairmen; Patrick Gatan, Luis Medina-Cue, Soledad Media-Cue, Rey Divino Daval-Santos and Silvestre de Leon, members of the Parañaque City Appraisal Committee.
Velarde was sued in his capacity as chair of AMVEL, along with his son, Franklin, the firm’s executive vice president.
In his complaint, Francisco alleged that the AMVEL properties were overpriced by P828.6 million.
However, the Office of the Ombudsman found respondents complied with the prescribed procedure in determining a fair and reasonable valuation of the properties in question.
“There is no evidence that public respondents benefited (or) profited or had taken shares with private respondents in the transaction,” the Ombudsman said.
Promulgated last Oct. 2, the SC decision was written by Associate Justice Teresita Leonardo-de Castro. – Edu Punay
Chief News Editor: Sol Jose Vanzi
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