October 10, 2003, The Philippine Star, Same judge to try Kuratong case, by Pia Lee-Brago and Aurea Calica,

October 10, 2003, The Philippine Star, Same judge to try Kuratong case, by Pia Lee-Brago and Aurea Calica,

One of the Quezon City trial court judges who originally handled the Kuratong Baleleng multiple murder case, which implicated Sen. Panfilo Lacson and 33 other police officers in the summary execution of 11 robbery suspects in May 1995, will preside over the retrial of the case. 

Lawyers of the opposition senator objected to the raffling of the case among the Quezon City trial courts yesterday, citing their pending motion before the Supreme Court. Still, the lottery proceeded without a hitch, with the case going to the sala of Branch 81 Judge Theresa Yadao. 

Lacson's counsel Siegfrid Fortun earlier objected to the lottery of the case, citing a pending motion before the high tribunal to clarify the order of "re-raffling" before the Quezon City courts. 

Quezon City executive Judge and raffle committee chairwoman Natividad Dizon, however, ordered the raffle to proceed, falling into the sala of Yadao. 

Chief State Prosecutor Jovencito Zuño, head of the prosecution panel, said he was surprised by the result of the raffle. 

Zuño, however, stressed no setback on their part and announced they are ready to proceed with the trial of the case. "We rely on the merits of our case," he said. 

The private prosecutors led by Arno Sanidad of the Free Legal Assistance Group (FLAG) said the inclusion of Yadao in the list of choices of judges to handle the trial of the controversial case is a "transgression" of the Supreme Court order. 

"It’s not a true raffle because it is not in clear consonance with the Supreme Court ruling," he said. 

Sanidad argued yesterday’s raffle was a violation of the Supreme Court decision of a special and specific order for "re-raffling" of the case.

"This is a new case, we have all the right to say that it should be raffled to a new court. But honestly, we don't know how to question it. Prudence dictates that we abide by the result of the raffle. But it was not properly done," he said. 

Sanidad later admitted they could not do anything on the issue of raffling. "Anyway, we have our evidence to pin them (respondents) down," he said. 

The raffle was done by spinning a roulette wheel containing the names of the trial court judges who are qualified to handle the case. 

Traditionally, the raffle is done by lottery by simply drawing out a bingo chip where each judge is represented by a number.

Sources disclosed the prosecution would prefer that the new case be assigned to any judge other than Yadao. It was not the same thing for the defense since they really wanted Yadao to preside over the trial of the case. 

Yadao was said to be have been endorsed to the post by former senator Juan Ponce Enrile and Raul de Guzman, brother-in-law of ousted President Joseph Estrada. Lacson was Estrada's national police chief. 

In his second motion for reconsideration, Lacson asked the Supreme Court not to transfer the case to another judge since it would be "improper and procedurally inappropriate." 

Lacson said there was no compelling reason to order a re-raffle of the case since neither the prosecution nor the defense had moved for a transfer. 

Yadao was the same judge who handled the controversial case in 1999 after it was provisionally dismissed by her predecessor, Judge Wenceslao Agnir, in the same year. Agnir was promoted to Court of Appeals (CA) justice the same year after he ordered the dismissal of the Kuratong Baleleng case. 

After Agnir ordered the dismissal, government prosecutors filed a new case before Yadao but it was blocked by defense lawyers, who cited double jeopardy. 

The issue was then elevated to the Court of Appeals where the appellate court issued a temporary restraining order against Yadao from releasing an arrest warrant against Lacson and the respondents and to proceed with the hearing. 

The CA eventually dismissed the case altogether, citing the two-year prescriptive period. 

The government then questioned the dismissal before the Supreme Court, which initially came out with a ruling upholding the dismissal of the case on May 28, 2002. 

An appeal made by the government on the ruling apparently changed the minds of the Supreme Court magistrates which took note of the provisions of the 2000 Revised Rules on Criminal Procedures. 

On April 1, a day after Lacson declared he would seek the presidency in the May 2004 elections, the Supreme Court came out with a ruling reversing its May 28 decision and ordering a retrial of the case to the lower court. Lacson has filed a motion of reconsideration over the ruling. 

On Tuesday, the Supreme Court turned down Lacson’s motion, saying it was without merit. 

The high court ruled with finality that the multiple murder case should be tried on its merits before the Quezon City courts. The high court also ordered a "re-raffling" of the case. 

Supreme Court spokesman Ismael Khan explained it was an appropriate decision on the part of the Quezon City executive judge who presided over yesterday’s raffle to include Yadao in the list of judges trying cases of heinous crimes. 

For her part, Yadao said it is not necessary for her to inhibit herself in presiding over the trial of the case. "No necessity for it," she said.

With the case assigned to the sala of Yadao, the prosecutors led by Zuño said they are now optimistic that a warrant of arrest for Lacson and the respondents will be issued next week. 

"The moment this case is assigned to the sala of Judge Yadao, the next thing is the issuance of a warrant of arrest, hopefully, next week. We also expect a speedy trial," Zuño said. 

He added the prosecution will also ask the court to conduct marathon hearings on the case. "If that is possible, (maybe) three times a week," he said. 

The government prosecutors said they will ensure that their witnesses will not recant their testimonies. 

Zuño said there will be more than 10 witnesses to be presented, including those who have earlier recanted their statements. They include tabloid reporter Armando Capili and Jane Gomez, a niece of Wilson Soronda, one of the 11 alleged gang members killed in the alleged rubout. 

Before the accused could be arraigned in the early stages of the case, prosecution witnesses Senior Police Officers 2 (SPO2) Eduardo de los Reyes, Corazon de la Cruz, Capili and Gomez had recanted their sworn statements which implicated Lacson and the 33 other respondents. 

Zuño said the new witnesses under their protective custody are now ready to give their testimonies. 

The new witnesses included Senior Inspectors Ismael Yu, Abelardo Ramos; Senior Police Officer 1 (SPO1) Wilmor Medes, SPO2 Noel Seno and radio technician Mario Enad. 

Zuño and Sanidad said the new witnesses have been "well secured" to protect them from possible harassment and influence by the opposition senator. 

"The other old witnesses (De los Reyes and De la Cruz) are not in the country while the rest are just here like Capili and Gomez. Maybe we can use them again. The families of these witnesses were also given security. We are planning to reevaluate affidavits and I will recommend that they be reinstated in the coverage of the (Witness Protection) Program," Zuño said. 

The Philippine National Police (PNP) said there will be no preferential treatment for Lacson in case the warrant is issued for his arrest. 

PNP deputy chief for operations Deputy Director General Virtus Gil said Lacson will be accorded his rights as any detention prisoner even if he is a lawmaker and the former PNP chief. 

Gil, a classmate of Lacson in Philippine Military Academy Class 1971, also debunked claims that the government had already planned ahead the opposition lawmaker’s arrest. 

Gil said the PNP will wait for the formal orders from the Quezon City to effect the arrest of Lacson and the police officers indicted in the case. 

"The PNP will observe the normal procedures accorded for the arrest of criminals. Under the circumstances, the Criminal Investigation and Detection Group (CIDG) is mandated to serve the warrant," Gil said. 

The National Bureau of Investigation ( ) said they will request their US counterpart, the Federal Bureau of Investigation (FBI), to locate the other respondents — former police superintendents Michael Ray Aquino and Cesar Mancao — to effect an extradition. 

On the other hand, the Quezon City Jail said they are also prepared to take in Lacson and the other respondents into custody once the arrest warrant is served. 

In the case of Lacson, the opposition lawmaker will have to be detained in a separate room within the Quezon City jail premises, Warden Superintendent Gilberto Marpuri said. 

Lacson, along with Aquino, Mancao, Chief Superintendents Jewel Canson, Romeo Acop, Francisco Zubia; Senior Superintendents Glenn Dumlao and 31 other police officers were indicted for the murder of the gang members on May 18, 1995. 

The senator used to lead Task Force Habagat of the defunct Presidential Anti-Crime Commission headed by then Vice President Estrada.

The group led the arrest and the alleged summary execution of the 11 gang members along Commonwealth Avenue in Quezon City. - with reports from Katherine Adraneda, Christina Mendez, Cecille Suerte Felipe, Paolo Romero, Evelyn Macairan, Delon Porcalla, Freeman News Service