ca ruling on dacer case.pdf

8/21/2019 ca ruling on dacer case.pdf

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Republic of the Philippines

COURT OF APPEALS

Manila

SPECIAL SIXTH DIVISION

PANFILO M. LACSON,Petitioner,

- versus -

REGIONAL TRIAL COURTOF MANILA, BRANCH 18,PEOPLE OF THEPHILIPPINES, CARINA L.DACER, SABINA DACER-REES, EMIL DACER-HUNGERFORD, !"#

AMPARO DACER-HENSON,

Respondents.

CA-G.R. SP NO. 11$%&'

Me()ers*

ENRI+UE, R., Chairperson, DICDICAN, !"#

BATO, R., JJ.

Pr/(u0!2e#*

3333333333333333333

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D E C I S I O N

BATO, R., .*

This is a petition for certiorari and prohibition, under Rule 65 of

the 1997 Rules of Civil Procedure, to annul and set-aside the Ordersdated Februar !, "#1# and $ul "%, "#1# of public respondent courtfindin& probable cause for the issuance of 'arrants of arrest a&ainst(enator Panfilo )acson *petitioner for short+ 'ho 'as iplicated inthe acer-Corbito case and char&ed of t'o counts of urder forhavin& been issued 'ith &rave abuse of discretion aountin& to lac.or e/cess of 0urisdiction

The pertinent factual and procedural antecedents, as culledfro the pleadin&s and anne/es subitted b the parties, are as

follo's23 4e' Third eber vice $ustice acalino 'ho inhibited per Raffle dated Februar 1, "#11

FEB 03, 2011


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CA-G.R. SP NO.116057 2DECISION

n the ornin& of 4oveber "!, "###, a proinent publicrelations practitioner in the person of (alvador 8ubb acer, onboard his 'hite Toota Revo, to&ether 'ith his driver :anuelCorbito, 'ere abducted alon& ;obel Ro/as (t in the Cit of anila 1T'o das after the abduction, r :d'in Far&as, the spo.espersonfor the acer fail, re


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, PA(GPT B):44 G)=O B=)=PO4, of le&al a&e,arried and a resident of 8& illa (ur, addela, Euirino, afterhavin& been s'orn to in accordance 'ith la' do hereb deposeand sa2

1- That a a police officer b profession and the forereput Chief for Operation of the Tas. Broup )u?on of the defunctPresidential =nti-Or&ani?ed Crie Tas. Force *P=OCTF+H

"- That a narratin& actual and truthful .no'led&eand recollection about the =C:R-COR8TO case2

n the second or third 'ee. of $anuar 1999, 'as &iven atas.in& b PA((GPT CI=:) R=J 8 =EG4O, the then Chief ofOperations ivision, P=OCTF, to conduct discreet 8ac.&roundnvesti&ation on a certain personalit 'hich later turned-out to beR (=)=OR 8G88J =C:R For this purpose, he &ave ea callin& card of the sub0ect and instructed e to 'ithdra' T'entThousand Pesos *P"#,#####+ fro the Finance and )o&isticivision , then, proceeded to anila Iotel, chec.ed-in to one ofits roo *nr canKt reeber+ usin& the alias R@4 CI=:;

n *sic+ first da, 'as able to locate the t'o *"+unitsAroos bein& occupied b R =C:R and his staff *nr ofroo canKt reeber but .no' its location+ The ne/t instructionto e b PA((GPT =EG4O, havin& ?eroed in the roos, is tosurreptitiousl enter the roos and ta.e 'hatever docuents canand to onitor personalitiesAvisitors of our sub0ect

n desire to accoplish said tas.in&, tried hard to &obac. and forth in the vicinit of the roos but it is reall hard for it issituated in the dead-end of the ri&ht-'in& of anila Iotel t ise


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ruled it as ris. since these eploees i&ht still be loal to theforer irector of the Iotel

@ith ne&ative developent, a&ain reported to PA((GPT=EG4O and there he told e2 Lun& di .aa, sunu&in na lan& opasabu&in, asira an lan& an& &a do.uento at coputersnila ans'ered2 Tin&nan .o (ir Then leave *sic+ Personallnot aenable and convince *sic+ 'ith such instruction, 0ust 'ent tothe Iotel irre&ularl for t'o *"+ 'ee.s and han& around at its lobband soon 'ith the influ/ of other cases and developent of on-&oin& pro0ects, this tas.in& had 'aned Paran& na.aliutan since 'as then deliverin& positive results in other cases a handlin&Then 'ent to 8an&.o., Thailand to under&o a fort-five das *!5+Criinal nvesti&ation Course at the nternational )a' :nforceent

=cade *C):=+ fro 16 =u&ust M "7 (epteber 1999

Fro schoolin&, 'or.ed on RobberAIold-up cases anddelivered positive results Fro here on, 'as pre-occupied 'ithtas.in&s fro Chief, TB )u?on re&ardin& cases and coplaintsendorsed to our office

(oeties *sic+ on the onth of October "###, 'as as.edb PA((GPT =EG4O re&ardin& previous C effortsK result ofR =C:R and told e to revive such effort ans'ered that Khandlin& a C=(:OP and is nearin& its e/ecution phase @ith thatreason, he instructed e to turn it over to CA4(P C:4T:

=R4=O The ne/t da, CA4(P =R4=O approached e andrelaed the &uidance of PA((GPT =EG4O told that 'as onlable to locate the t'o *"+ roos bein& rented b R =C:R at theanila Iotel Ie as.ed e vehicles bein& used, but have notseen an as it is bein& par.ed at the bac. of the hotel

n one occasion in the sae onth of October "###, 'hile 'as at the =dinistrative Office T=(L BROGP )G;O4, PA((GPTC:;=R =4C=O called e in his office and in


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iton& (pecial Operations na itoN PA((GPT =EG4O ans'ered2La .u'an an nr =C:R O. na an sa alacaan&, pina&-usapan na an PA((GPT =4C=O a&ain


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T da' a.o n& tao Ie ans'ered2 Jon na on sir, taan&-taa,saa na tao 8ut 'hen sa' driver, PO% 4ilo :scanio *he isa 8icolano+, told hi2 :sca, tulun&an o na lan& on& teanatin sa pa& 8 Tanun&in o .a (PO! 4uas on& &a tar&etsLai na an& bahala dito The &u obli&ed and disebar.edCA4(P =R4=O enthused2 @ala na taon& driver sirN toldhi2 nstruction ni DD *PA((GPT =EG4O, hu'a& a&dala n&8icolano Then CA4(P =R4=O told e2 (ir, Cavite pa an&punta natin @ith that, loo.ed for another driver and spottedPO% )arr =bre and CA4(P T=44=C=4 'ho told e that PO%

=bre 'as at the bac. of P=OCTF office near P4P B

CA4(P =R4=O instructed hi to drive to Cavite @hile&oin& out fro Cap Crae to :(=, CA4(P =R4=O 'ascallin& his troops thru his cellphone then told e2 traffic da' saCoastal Road, a& ():Q na tao sa Carona e/it PO% )arr

=bre obli&ed Then he called soeone and relaed2 (ir, na&-aanta on& tropa .o sa li.od n& etroban., 'ala pa da' on&&a tao o doon @hen the finished, as.ed2 (ino onN Ieans'ered2 (i 17 sir *Referrin& to PA((GPT T:OF)O 4=+Pinapunta .o sa lu&ar, Then 'e slept on the 'a

@hen 'e finall arrived on or about 1-" P at asarias,Cavite, t told driver to par. in the shaded area and 0ust 'aitinside the vehicle and sleep 'hile 'aitin& for e CA((GPT

=R4=O iediatel 'ent ahead to&ether 'ith his troops andafter soetie, follo'ed suit sa' one *1+ 'hite Toota Corolla -en&ine on, one 'hite )ite =ce M en&ine on and one *1+ Toota Revopar.ed at the bac. of the establishent thereat =lso, sa'CA4(P =R4=O no' tal.in& 'ith (A4(P RO8 )=4BC=GO4,PO% )=C=(=4):, (PO1 R:: > (PO! T=)=G=

=&ain, CA4(P =R4=O called-up thru his cellphone (ir,'ala pa on& &a bata o =fter their brief conversation, as.ed2(ino ba onN Ie ans'ered, 17 sir, paratin& na da' sila =fter a'hile, PO% (ariento and Ri&or arrived 'ith soe foods pac. in'hite strofor CA4(P =R4=O > (A4(P )=4BC=GO4 'entinside the )ite-=ce an =fter around ten *1#+ inutes the caeout and said2 @alan& asabi sir .a' T o told the2Lain una tao =nd instructed Ri&or to &ive one *1+ pac. offood to driver

=fter eatin&, 'ent inside the van and sa' t'o *"+

blindfolded alefactors also sa' (PO% 4eeo 'ho stood as&uard inside tal.ed to the alefactors seated in the iddle


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portion 'earin& all 'hite attire as.ed his nae and told e R8G88J =C:R as.ed 'hat 'as instructed to e re M Theirconversation 'ith the president but 0ust ans'ered2 Iuihin&i lan&n& advise Re&ardin& the plans of the opposition, he ans'eredLaibi&an .o n& ata&al on& &a an Lahit sa adinistrason,arai rin a.on& .aibi&an but al'as sta neutral andprofessional

@ith these strai&ht ans'ers, .no' canKt facilitate anthin&so called up PA((GPT =EG4O and canKt &et anthin& Ie theninstructed e to &o bac. to base but secure an docuents and&ive it to hi @ith that, told CA4(P =R4=O about theinstruction and he ans'ered2 (i&e, sir, a.o n& bahala dito

=t this 0uncture, at around "2%# P, the tea ebers ofPA((GPT 4= arrived on board one *1+ odel car and one *1+'hite Toota Revo reco&ni?ed onl (PO! (oberano, the t'o *"+others donKt .no' their naes

(o proceeded bac. to P=OCTF I


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na narecover eh Ie ans'ered2 4a.u, deli.ado an, idispose ona (o 'ent out and 'ent strai&ht to )a esa a 'here burned the said docuent

n another occasion after this eetin&, PA((GPT =4C=Oand have a chance to tal. until it a&ain reached the =C:R caseIe told e that he had reported to 71 *referrin& to B:4 )=C(O4+Ie also e/pressed to e his concern on ho' to deal 'ith the casespeciall to edia 'ho 'ere al'as as.in& for developent Taotulo an& naiipit sa )u?on, he ended

%- That the above circustances are personal.no'led&e and truthful recollection of the facts surroundin& the=C:R-COR8TO case

4 @T4:(( @I:R:OF, do hereb affi/ed si&naturethis 1"th da of $une, "##1 at P4P ntelli&ence &roup, CapCrae, Eue?on Cit

*(B+ PA(GPT B):44 B G)=O

(Affiant)

(G8(CR8: =4 (@OR4 TO before e this 1!thda of$une "##1 at Eue?on Cit

*(B+ 4)O = P:=F)OR

=((T PRO(:CGTO4 =TTOR4:J EG:;O4 CTJ

On $une "", "##1, upon otion of accused PAnsp aniloillanueva that he is not the (PO% illanueva iplicated in theacer-Corbito case, the RTC ordered the O$ panel of prosecutorsto conduct a reinvesti&ation of Criinal Case 4o #1191969 =lso,the RTC directed the O$ panel of prosecutors to deterine 'hetherprobable cause e/ist a&ainst PA(enior (upt Ce?ar ancao, PA(enior(upt ichael Ra =


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itriolo, PA(enior (upt Ce?ar ancao subitted his Counter-=ffidavit6 dated $une "9, "##1, subscribed before Prosecutor Fernando Felicen, 'herein he declared under oath, as follo's2

COG4T:R-=FF=T

, PA(r (upt Ce?ar O ancao , of le&al a&e, arried,Filipino, and 'ith office address at the Re&ional (pecial (tudCoittee D, Police Re&ional Office D, Philippine 4ational Police,

Cap Lan&leon, Palo, )ete, after havin& s'orn to in accordance'ith la', hereb depose and sa, TI=T2

1 a the person referred to as PA(r (upt Ce?arancao in the affidavit dated $une 1", "##1 e/ecuted b PA(uptBlenn B ulao iplicatin& e in the acer-Corbito doubleurder caseH

" Prior to present assi&nent as Chairan of theRe&ional (pecial (tud Coittee D, Police Re&ional Office D,Cap Lan&leon, Palo, )ete, effective =pril 1D, "##1, it 'as a

coon .no'led&e and an open boo. that 'as one of the hi&hran.in& officers assi&ned 'ith the defunct Presidential =nti-or&ani?ed Crie Tas. Force as Chief, Tas. for )u?on =ttached forread reference as =nne/ 1 is a photo cop of desi&nationH

% =fter the fall of the :strada adinistration, all hi&hran.in& officers of the then P=OCTF 'ho 'ere perceived to be asclose associates and aides of forer CAP4P Panfilo )acson no'(enator-elect 'ere relieved fro their positions and reassi&ned infar flun& areas in isaas and indanao, a clear anifestation ofharassent and persecution violative of the ri&hts of the affected

Police Officers li.e self 'ithout due process of la'H

! (hortl after relief in the P=OCTF, 'as assi&nedon a floatin& status at Iead


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endo?a, referred the atter of the revival of the Luraton&8alelen& case on the basis of alle&ed ne' 'itnesses to the(ecretar of $ustice 'ho, on =pril 17, "##1, issued epartentOrder 4o 11! constitutin& a panel to conduct thereinvesti&ationAre-openin& of the preliinar investi&ation of thesaid case in violation of both the substantial and procedural ri&htsof the respondents therein includin& respondent hereinH

6 4ot contended, the present adinistration, particularlthe epartent of $ustice throu&h the la' enforceent a&encies ofthe &overnent iplicated e and other opposition leaders in theia&ined offense of rebellion on a 1, "##1 b declarin& a non-e/istent concept of (tate of Rebellion in etro anila and orderedthe arrest 'ithout 'arrant of respondent herein includin& oppositionleaders Conse


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Gnder present 0urisprudence, an affidavit is susceptible offabrication and sub0ective stateent The (upree Court isconsistent on this point that an affidavit 'ithout sufficient and solidcorroborative factual evidence is loo.ed upon as 'ea. evidenceand has no probative value sufficient to deterine oral certaintfor conviction The factu probans therefore reains unprovenunless additional direct, factual and real evidence are introduced tosupport the alle&ations in the coplaint or affidavit n People vsBabas, "%% (CR= 77, the court rules2

a s'orn stateent or an affidavit does not purport tocontain a coplete copendiu of the details of the eventnarrated b the affiant

9 The affidavit of PA(upt Blenn B ulao is full of lies,inconsistent, half truths and untenable to sa the ver least tnever happened the 'a the hidden stron& ar in the e/ecution ofthis affidavit pro0ects it to be t is pure and siple harassent 'ithpolitical undertones =s a decorated Police Officer, it 'ould behi&hl illo&ical, unnatural and unli.el to do the alle&ations leveleda&ainst e, .no'in& full 'ell that at that tie of the alle&ed&ruesoe urder the opposition and the civil societ 'ere 'a&in&a hate capai&n a&ainst all persons connected 'ith the :stradaadinistration Particularl, the hate capai&n a&ainst the forerCAP4P and the defunct P=OCTF as a result of the ipeachenttrial at that tie a&ainst forer President $oseph : :strada Thesaid affidavit e/ecuted b ulao is therefore conclusivelconcocted b the stron& ar of the &overnent, the la'enforceent authorities, to persecute persons or police officersidentified 'ith the past adinistration t is a siple ere afterthou&ht in order for ulao to e/tricate hiself fro his presentsituation and a have entered a s'eet deal 'ith his captors

Perhaps ulao suffered fro ental and phsical abuse in thehands of the police authorities that forced hi to e/ecute saidaffidavit The fact that ulao too. several 'ee.s to e/ecute saidaffidavit sho's not onl after thou&ht *sic+ but puts into


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investi&ation for r (alvador 8ubb acer 'ith specificinstruction to enter sub0ectKs office roos in anila Iotel and ta.edocuents found thereat This instruction or tas.in& clearl sho'sthat the stor he alle&es is not onl ridiculous but incredible f true,this is a ver sensitive ission not onl because it involves a .no'npersonalit in the political arena but it concerns an ille&al actIavin& said that, it is


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superior in the alle&ed acer operation, for an endorseentdespite the sensitive nature of the tas.in& This is a&ain indicativeof a scripted stor line, ipossible and incredible

1! @hen he returned fro 8an&.o. soetie in the last'ee. of (epteber of 1999, he alle&es that he becae bus frothe various tas.in&s assi&ned to hi b respondent herein thenTas. Force )u?on Broup Chief, P=OCTF On October of "###,despite the period of 1 ear and D onths 'or.in& underrespondent herein 'ithout entionin& anthin& about the alle&edacer tas.in&, then out of no'here he dra&s and iplicatesrespondent PA(r (upt ancao

15 ulao alle&es that =


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an criinal activities Respondent herein is a professional anddecorate police officer 'ith sterlin& record in his cap Respondentin conscience can not and 'ill not do criinal acts and violate therule of la' he 'as s'orn to defend and uphold RespondentKs&ood nae and reputation, the dedication to his s'orn dut, thebri&ht and proisin& career, the future of his fail and love ofcountr 'ill al'as be his &uidin& factors in his pursuit to uphold thela' n fine, Respondent 'as eritoriousl prooted t'ice to thene/t hi&her ran. for accoplishent in police operations 'hiche/plains 'h at his oun& a&e of %9 he is alread a full Colonel orPA(enior (uperintendent, one step sh for Beneral ran.Respondent 'as a recipient of the hi&hest and presti&iousPhilippine ilitar =cade Cavalier ='ard for Police Operationsn 199%, Respondent 'as a'arded the $unior Police officer of theear in the entire Philippine 4ational Police $ust recentl,respondent 'as a'arded t'ice as the 8est Tas. Broup Chief forthe ear 1999 and "###H

1D (urprisin&l, ulao alle&es that respondent hereininvited hi in his office to tal. 'hile said respondent 'as 'aitin& forthe scheduled prootional board eetin& on 4oveber "!, "###'here he 'as a eber Io'ever, the affidavit sho's that thedid not tal. about anthin& despite the fact that on the sae daacer and his driver Corbito 'ere abducted ulao furtheralle&es that he received a te/t essa&e fro =


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lin. (enator-elect )acson as 'ell as PA(upt ina 'ho is under thecustod of the police authorities n this 'a, the police authoritiescan utili?e ina, =


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h+ Copies of letters of deand to the acer fail bun.no'n suspects

i+ eo for Chief, TF )u?on re2 after eetin& report datedeceber 5, "### transferrin& the lead a&enc to the 48for the acer-Corbito investi&ation

0+ eo for CAP4P dated eceber 11, "###

Gnfortunatel, the &overnent decided to transfer the case to the4ational 8ureau of nvesti&ation =ttached as =nne/es ! to 1%are photo copies of the actions ta.en in the acer-Corbito Case

"" =ll said, the investi&atin& prosecutor should proceed'ith the investi&ation of this case ad cautela, as the (upreeCourt repeatedl ruled that the purposes of a preliinarinvesti&ation are to secure the innocent a&ainst hast, aliciousand oppressive prosecution, and to protect hi fro an open andpublic accusation of a crie, fro the trouble, e/pense and an/ietof a public trial, and also to protect the state fro useless ande/pensive trialsH

"% n vie' of the fore&oin&, it is respectfull praed that

the Ionorable nvesti&atin& Officer resolves this case in our favorand disiss outri&ht the above-entitled coplaint a&ainst e forlac. of erit and for insufficienc of evidence

$une "9, "##1, anila

*(B+PA(r (upt Ce?ar O ancao

=ffiant

(G8(CR8: =4 (@OR4 to before e this "9th

da of$une "##1, in anila

hereb certif that personall e/ained the affiant and a convinced that he voluntaril e/ecuted and understood hisaffidavit

*(B+F:R4=4O ) F:)C:4

Prosecutor

On (epteber 1!, "##1, after the reinvesti&ation, the O$


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panel of prosecutors issued a Resolution7 the dispositive portion of'hich states2

@I:R:FOR:, it is respectfull recoended that PA(enior(upt Ce?ar ancao , PA(enior (upt ichael Ra 8 =


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e/cluded fro the =ended nforation dated 17 (epteber "##19

On arch 1, "##7, 'hile in the Gnited (tates, Ce?ar ancao e/ecuted his second =ffidavit, subscribed before sabel oreno,4otar Public, Count of 8ro'ard, (tate of Florida, statin& his.no'led&e of the acer-Corbito ouble urder Case, vi?2

=FF=T OF C:;=R O =4C=O

, C:;=R O =4C=O , hereb a.e the follo'in&stateent voluntaril and of o'n free 'ill 'as not pressured,coerced, or proised anthin& in return for this stateent =t allties prior to a.in& this stateent,

a !5 ears old, arried, and have four children currentl reside 'ith fail in Florida 'as born in thePhilippines and &raduated fro the Philippine ilitar

=cade *P=+ in 19D6 =fter &raduation, served in

Philippine la' enforceent until left the countr in "##1Fro 19D6 to 1991 served 'ith the Philippine Constabularas a second and first lieutenant n 1991 the Philippineconstabular 'as inte&rated into the Philippine 4ationalPolice *P4P+ 'here served in various supervisor positionsran&in& fro (enior nspector to (enior (uperintendent'hich is the e


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assi&ned to (pecial Pro0ect =lpha 'here 'e 'or.ed closelto&ether for about one ear under the supervision of Panfilo)acson urin& this tie, Panfilo )acson 'as .no'n for hisver close ties to ice-President $oseph :strada 'ho 'ouldsoon 'in the presidential election n $ul of 199D, thenpresident, $oseph :strada, fored the Presidential =nti-Or&ani?ed Crie Tas. Force *P=OCTF+ 'ith Panfilo )acsonas its leader ichael =


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acer-Corbito case in an effort to destro )acsonKsreputation and ne&ativel affect )acsonKs possible chancesof a presidential bid in "##! On $ul 1, "##1 follo'ed)acsonKs instructions, left fail, and fle' fro thePhilippines to Ion& Lon& 'here et up 'ith ichael

=


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4otar (i&nature

(T=P =RL: appearin& on the docuent reads as follo's2

sabel orenoJ CO((O4 "!9#%":QPR:(2 (:P 11, "##78onded throu&h =dvanta&e 4otar

'ith the seal2

4otar Public(tate of Florida

On Februar 1%, "##9, 'hile in custod of the G( Federal=&ents, Ce?ar ancao e/ecuted his third =ffidavit, subscribed onFebruar 1!, "##9 before Philippine Ionorar Consul Beneral

=n&elo ( acatan&a, Fort )auderdale, Florida G(=, containin& thefollo'in& stateents, vi?2

= F F = T

, C:;=R OCIOCO =4C=O , of le&al a&e, arried,Filipino and presentl under the custod of G( Federal arshals atFort )auderdale, Florida, Gnited (tates of =erica, after bein& duls'orn to in accordance 'ith the la', hereb depose and state, to'it2

1 a the sae C:;=R OCIOCO =4C=O 'ho isone of the several accused in Criinal Case 4o #1-191969pendin& before 8ranch 1D of the Re&ional Trial Court of anila,etro anila, Philippines, entitled PEOPE O! T"E

P"##PP#$ES vers%s M#C"AE RA& A'#$O, et. al., or orepopularl .no'n as the =C:R-COR8TO OG8): GR:RC=(:

" a e/ecutin& this =ffidavit to narrate, out of o'npersonal .no'led&e, aon& others, the relevant incidents thattranspired in connection 'ith the abduction and death of(=)=OR 8G88JK =C:R and his driver :=4G:)COR8TO on 4oveber "!, "###, and nae the personsresponsible therefore

% hereb attest at the outset that a e/ecutin& thisstateent freel, voluntaril and intelli&entl, 'ithout an force,


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intiidation, threats, or an for of duress bein& e/erted on selfor on an of fail ebers b the &overnent of the Republicof the Philippines or an of its officials or eploees Thee/ecution of this stateent is the result of o'n initiative to offerthe Bovernent of the Republic of the Philippines cooperation inters of disclosure of relevant inforation concernin& the =C:R-COR8TO double urder case li.e'ise attest that 'as assistedand &iven sufficient le&al counsel b la'er, 8:R4=RO)OP:;, :s


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7 (oetie in the earl part of October "###, foundout fro operativesK dispatch slips that =EG4O 'as utili?in&soe of personnel at Tas. Broup )u?on in his specialoperations 'ithout .no'led&e Ri&ht then and there, ,to&ether 'ith G)=O 'ho happened to be in office at thattie, 'ent to&ether to =EG4OKs office and in


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the car then driven b (BT OQO(O *O/ as 'e usuall calledhi+, 'hile =EG4O and )=C(O4 sat at the bac. =EG4Oresponded to )=C(O4 that he intends to neutrali?e or li


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these docuents, and thus enabled us to cover-up for the involvedP=OCTF operatives ue to successful cover-up of theincident, )=C(O4 and =EG4O becae 'ar and appreciative ofe a&ain

15 (everal das thereafter, ne's bro.e out aboutacerKs car bein& found duped in a ravine in ara&ondon, Cavite chanced upon G)=O in our office and as.ed hi 'h ithappened that 'a 'hen 4= continuousl assured e that he'ill ta.e care of the situation reeber e sain&2 A/ala /o

plinantsa ni*a n- aa*os01 Mapapasaa t%lo* ta*on- lahat dito1G)=O on the other hand, told e that he had in his possessionthe docuents recovered fro acerKs vehicle n repl, coented that it 'as ver ris. for hi to be .eepin& the lateron learned that G)=O disposed the docuents b burnin& thesae

16 =fter :R=P 'as deposed fro po'er in $anuar"##1, 'as reassi&ned to Re&ion

17 =fter 'innin& the election as senator of the Republicof the Philippines in the a "##1 elections, )=C(O4 called

=EG4O and self to a eetin& in a house soe'here inBreenhills, (an $uan, etro anila n that eetin&, )=C(O4instructed both of us to leave the countr since the ne'adinistration 'ould surel &o after us and lin. us in the =C:R-COR8TO double urder case, aon& others, in order to destrohis reputation and presidential abition Ie assured us that he 'illta.e care of both of us and 'ill continue to &ive us our onthlallo'ance can vividl reeber )=C(O4Ks 'ords2 2ailan-an-%alis na /a*o n- bansa dahil si 3lenn na-bi-a* na n- stateent,an- 2%raton- +alelen- ase a* bin%ha*, at posiblen- -a-a5a *an

n- iba pan- -a /aso. "%5a- /a*on- a-6alala, a/o an- bahalasa in*o. =t that tie, the burnt reains and belon&in&s of =C:Rand COR8TO had been recovered fro a cree. soe'here inndan&, CaviteH soe of the perpetrators had even confessed tothe .illin&H and the case 'as alread bein& investi&ated b theepartent of $ustice

1D n reaction to )=C(O4Ks instructions, told hi thatfor his sa.e, 'ill obe even if that 'ould entail for e to be a'afro fail ncidentall, reeber that on the saeoccasion, $=4: BO:;, a vital 'itness in the Luraton& 8alelen&

incident 'as also in the house 'here our eetin& 'ith )=C(O4'as held


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19 On $ul 1, "##1, follo'ed )=C(O4Ks instructions fore to leave the countr for the Gnited (tates rende?vous 'ith

=EG4O in Ion&.on& and fro there, 'e proceeded to the Gnited(tates via (an Francisco )=C(O4 ade arran&eents for oursta at Iarrold Iic.sK friendKs house in al CitH Iic.s is a forerenlisted an 'ho 'or.ed under )=C(O4 Io'ever, before leftthe countr, 'as ade to si&n a Counter-=ffidavit in the thenpendin& preliinar investi&ation concernin& the abduction anddeath of =C:R and COR8TO before the epartent of $usticeThe Counter-=ffidavit contained for the ost part, stron& denials of supposed .no'led&e or participation in the =C:R-COR8TOoperations as narrated b G)=O in a hand'ritten affidavit 'as constrained to si&n the sae despite .no'in& that soe of thealle&ations 'ere actuall true, in order to save nec. and thehope that 'ill be e/onerated therefro

"# On or about =u&ust %, "##1, 'hile =EG4O andself 'ere inside our roo at the B Iotel in )as e&as 'here'e 'ere stain& upon the invitation and sponsorship of 8GTCIT:4ORO *T:4ORO+, the forer head of Philippine =useentand Bain& Corporation *P=BCOR+ durin& the ter of :R=P, heard T:4ORO tellin& =EG4O that 'hen he received inforationfro the latter that =C:R has been neutrali?ed, he iediatelrelaed the inforation to :R=P thin.in& that the inforation 'illplease hi Io'ever, :R=P supposedl turned indifferent, 'hichreaction surprised T:4ORO ncidentall, T:4ORO, :(TR==and )=C(O4 all stood as principal sponsors in =EG4OKs 'eddin&

"1 n (epteber "##1, decided to settle in the state ofFlorida, 'hile =EG4O settled in the state of 4e' $erse havelived in Florida since then and never 'ent bac. to the Philippinesn the ean'hile, )=C(O4 repeatedl travelled to the G( froOctober "##1 up to (epteber "##% and et 'ith us in all of theseoccasionsH he also did not fail to reiburse our plane fares andother e/penses

"" a e/ecutin& this =ffidavit to attest to the truth of thefore&oin& alle&ations and for other le&al purposes this a serve reserve the ri&ht to provide ore details about this incident as needbe durin& court trial

4 @T4:(( @I:R:OF, have hereunto si&ned this 1% th

da of Februar "##9, at FORT )=G:R=):, (T=T: OFF)OR=, G(=


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*(B+C:;=R OCIOCO =4C=O

=ffiant

(G8(CR8: =4 (@OR4 to before e this 1% thda ofFebruar "##9 at Fort )auderdale, F)OR=, G(=

On arch "7, "##9, the dau&hters of (alvador acer, filed a

Coplaint-=ffidavit1#a&ainst petitioner 'ith the O$, doc.eted as (4o Q-4-#9C-##"%", prain& for a re-openin& andreinvesti&ation of the acer-Corbito case The full te/t of theCoplaint-=ffidavit reads2

COP)=4T-=FF=T

@e---

:)J =C:R-IG4B:RFOR, of le&al a&e, arried, G( citi?en,

and presentl residin& at )on& 8each, California, Gnited (tates of=ericaH

(=84= =C:R-R:J:(, of le&al a&e, arried, Filipino citi?en, andpresentl residin& at (tonbroo., 4e' Jor., Gnited (tates of

=ericaH

C=R4= ) =C:R, of le&al a&e, sin&le, Filipino citi?en, andpresentl residin& in @est 4e' Jor., 4e' $erse, Gnites (tates of

=ericaH and

=P=RO =C:R-I:4(O4, of le&al a&e, arried, Filipino citi?en,and presentl residin& at )on& 8each, California, Gnited (tates of=erica,

---after havin& s'orn in accordance 'ith la', hereb depose andstate2

1 @e are the dau&hters of the late (alvador 8ubbacer, 'ho 'as a publicist, ne'spaper colunist and ediapractitioner durin& his lifetie

" On "! 4oveber "###, our father and his driver,1# Rollo, pp 9!-1#"


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:anuel Corbito, 'ere urdered and appropriate char&es 'erefiled a&ainst the suspects

% =fter the proceedin&s, a case entitled, People of thePhilippines v ichael Ra =


29/80


Februar "##9 *cop of 'hich is attached hereto as =nne/ =+states2

1# (oetie in October "###, heard )=C(O4 order=EG4O to li


30/80


for the involved P=OCTF operatives ue to successful cover-up of the incident, )=C(O4 and =EG4O becae 'ar andappreciative of e a&ain

9 oreover, after the burnt reains and belon&in&s ofour father and r Corbito, 'ere recovered fro a cree.soe'here in ndan&, Cavite, (en )acson instructed r ancaoand r =


31/80


)acson This 'as testified in court b (abina on 11 $ul "##D inthe proceedin&s in Cri Case 4o #1-191969 *= cop of thepertinent portion of the Transcript of (teno&raphic 4otes dated 11$ul "##D is attached hereto as =nne/ C+

1" t is clear fro the above that (en )acson not onlconspired 'ith the accused in the urders of our father and rCorbito but in fact orchestrated the sae 8ein& then the head ofthe P=OCTF, he e/ercised ascendanc over all ebers of thetas. force, particularl those 'ho e/ecuted the .illin&s To be sure,the acts of the P=OCTF personnel involved before, durin& and afterthe &ruesoe .illin& of our father and r Corbito could have onlbeen done upon the direction of (en )acson

1% 8ased on the fore&oin&, and considerin& further that ane' personalit has been iplicated in the urders of our fatherand r Corbito, it is apparent that there is a need for a reopenin&and reinvesti&ation in order to deterine 'hether probable causee/ists to hold (en )acson for trial as a co-conspirator in theurders of our father and r Corbito n this li&ht, it is respectfullre


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:)J =C:R-IG4B:RFOR =P=RO =C:R-I:4(O4

Affiant Affiant

On October "6, "##9, petitioner filed his Counter-=ffidavit *:/=bundante =d Cautela+1!denin& an involveent in the acer-Corbito case and refutin& the alle&ations in the Coplaint-=ffidavitfiled a&ainst hi, vi?2

COG4T:R-=FF=T(E8 A+$7A$TE A7 CATEAM)

, (:4=TOR P=4F)O )=C(O4, of le&al a&e, Filipinoand 'ith address at the (enate of the Philippines, B((Iead


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father and his alle&ed driver, :anuel Corbito

6 adit that a criinal case entitled, People of thePhilippines vs. Mihael Ra* A9%ino, et al. and doc.eted asCriinal Case 4o #1-191969 is pendin& before 8ranch 1D of theRe&ional Trial Court of anila *RTC+, 'hich involves the alle&edurder of coplainantsK father and his driver as stated inpara&raphs " and % of their coplaint-affidavit

COG4T:R-(T=T::4T OF F=CT(

7 veheentl and specificall den the rest of thealle&ations of the coplaint-affidavit, the truth of 'hich are asfollo's2

71 Prior to first election as a (enator of the Republic of thePhilippines in "##1, headed the Philippine 4ational Police *P4P+ asChief *Police irector Beneral+ thereof and concoitantl, 'as also theChief of the Presidential =nti-Or&ani?ed Crie Tas. Force *P=OCTF+, an

anti-crie tas. force created b then President $oseph :strada, fro199D-"##1

7" On $une "6, "##1, 'hile still in the Philippines and prior toleavin& for the Gnited (tates of =erica, Ce?ar ancao *ancao+e/ecuted a Counter-=ffidavit statin& that the affidavit of BlenSn ulaoiplicatin& hi *referrin& to ancao+ in the acer-Corbito ouble urderCase is full of lies, inconsistent, half truths and untenable to sa theleast ancao disissed the affidavit of ulao as pure and sipleharassent 'ith political undertones and that ulao a havesuffered fro ental and phsical abuse in the hands of the policeauthorities that forced hi to e/ecute said affidavit ancao also

deplored the sae as politicall otivated not onl to pin do'n (enator-elect Panfilo )acson but li.e'ise all other Police Officers close to hi

= Certified cop of ancaoKs Counter-=ffidavit dated $une "6,"##1 is hereto attached as =nne/ = and ade an inte&ral part hereof

7% On #1 arch "##7, 'hile in the Gnited (tates of =erica,ancao e/ecuted another =ffidavit statin& his .no'led&e concernin& theacer-Corbito ouble urder Case n said affidavit, ancao neverentioned a sin&le 'ord concernin& possible involveent,participation or role in the acer-Corbito urder Case

= Certified cop of ancaoKs =ffidavit dated #1 arch "##7 ishereto attached as =nne/ 8


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7! On #6 =u&ust "##D, in an intervie' 'ith B= 4e'sK a.iPulido, ancao revealed the pressures fro the Philippine Bovernent*=rroo adinistration+ throu&h (=FP Chief 8ri& Beneral RoeoPresto?a even offerin& hi to i&rate to (in&apore 'ith his fail ine/chan&e for testifin& a&ainst e = C cop of the B= 4e's Reportis hereto attached as =nne/ C and ade an inte&ral part of thisCounter-=ffidavit

75 On 1" =u&ust "##D, in another intervie' 'ith Tabalan&

Failon at (anche? in ;, ancao narrated in detail the offer of thePhilippine Bovernent *=rroo adinistration+ throu&h then Presidential(ecurit Broup *P(B+ Coander, no' 8ri& Ben Roeo Presto?a, ine/chan&e for testifin& a&ainst e in the acer-Corbito ouble urderCase n the said intervie', he recounted 8ri& Ben Presto?aKsstateents as follo's2

E2 =no an& offerN

=2 =fter nian& a&pa.ilala, sinabihan nia a.on& siaa ba&on& halal, ba&on& appoint na P(B Chief (abi niaasado ra' ain&a si (enator )acson, paran& ason& ulol,&usto nia patahii.in Busto nia a.on& &aitin, in-offer-rannila a.o at buon& paila .o na anirahan sa (in&apore)ahat na .ailan&an .o provide nila Q//

=n audio cop of the intervie' of ancao 'ith Tabalan& Failonat (anche? is also included in the C cop hereto attached as =nne/ C

76 The e/istence of the said intervie's 'as confired bancao hiself 'hen he testified in open court on 1# (epteber "##9 inthe Re&ional Trial Court of anila as follo's2

=TTJ =(=O

E2 r @itness, 'ould ou adit havin& an intervie' in"##D 'ith =8(-C84Ks Ted Failon and B= 7Ks a.i PulidoN

/ / / / / /

(:#T$ESS MA$CAO A$S:ER#$3)

=2 Jes, (ir15

77 n the said intervie's, specificall in the intervie' 'ith B=4e's correspondent a.i Pulido, ancao disclosed that the Philippine

15 T(4 pa&e 67, (epteber 1#, "##9, Criinal Case 4o #1-191969, nitial Cross-:/ainationof Ce?ar ancao


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Bovernent 'ants to deolish and


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a&ainst (enator )acson and proisin& e in e/chan&e of the effortsthat 'ould be brou&ht bac. to the different countr or to (in&aporespecificall and to relocate fail, financial support and reinstatedto the police force17

/ / / / /

71# @ith these adissions in open court, it is ver clear that thepresent &overnent e/erted &reat efforts in pressurin& and bribin&'itness ancao 0ust to iplicate e =s earl as "##D, alread .ne'that ancao 'as under treendous pressure fro this &overnent tofabricate a alicious stor 'hich 'as desi&ned to silence e couldonl hope that ancao 'ould have the coura&e to resist the pressure andteptation

711 t appear that on 1% Februar "##9, after &ivin& in to thepressures of the Philippine Bovernent, ancao, in a copleteturnaround, e/ecuted another affidavit this tie alle&edl iplicatin& ein connection 'ith the acer-Corbito ouble urder Case

71" n a "##9 after havin& been e/tradited b the Philippine&overnent throu&h the unusual and e/traordinar efforts of theepartent of $ustice, ancao cae bac. to the countr but ironicallnot to be prosecuted b this Ionorable Office for his involveent in saidcriinal case but rather to utili?e hi to pin e do'n and other leaders ofthe political opposition

71% = cop of ancaoKs s'orn =ns'er in a civil case foraa&es filed a&ainst hi is hereto attached as =nne/ n the said

=ns'er, ancao confired the pressures e/erted a&ainst hi toiplicate e in the acer-Corbito ouble urder Case and that hee/ecuted the =ffidavits attached hereto as =nne/es = and 8

71! =&ain, it ust be ephasi?ed that before such pressures'ere e/erted, ancao ade stateents re&ardin& the acer-Corbitoouble urder Case @TIOGT P)C=T4B : thereto Obviousl, itis not coincidental that after pressures 'ere e/erted a&ainst hi toiplicate e in the &ruesoe crie, he san& a different tune ande/ecuted his 1% Februar "##9 =ffidavit, nearl t'o *"+ ears after suchphone call

715 Clearl then, relin& solel on the =ffidavit e/ecuted bancao on 1% Februar "##9, coplainantsK coplaint-affidavit has no&round to stand on, as the alle&ations in the said coplaint-affidavit arepurel hearsa

CoplainantsK alle&ations in17 T(4 pa&es 1#!-1#5, (epteber 17, "##9, Criinal Case 4o #1-191969, Re-direct

:/aination of Ce?ar ancao


37/80


their coplaint-affidavit are purel hearsa------------------------

D t ust be ephasi?ed that the alle&ations of thecoplainants in their coplaint-affidavit a&ainst e are hearsasince a perusal thereof 'ould readil sho' that the copletelrelied on the affidavit of ancao This is not a ere evidentiaratter but an absolute re


38/80


&rind a&ainst their father and that the latter told the that shouldtheir father disappear there is no other person to blae but e, areall hearsa if not ere conclusions, 'hich are not supported bfacts 'ithin their personal .no'led&e

11 ore iportantl, it a be recalled that durin& the(enate nvesti&ation on 19 =pril "##1 b the (enate Coittee on$ustice and Iuan Ri&hts, 'here herein coplainants s :ilacer and s (abina acer-Rees appeared as resourcepersons, none of the in 199D ever entioned that their father hadpreviousl told the that should he die, 'ould be responsible forsuch death Clearl, their belated disclosures on this supposedconversation 'as ere afterthou&ht desperatel desi&ned toiplicate e in this case

ancaoKs 1% Februar "##9 affidavit no lon&er has probativevalue in li&ht of his previous affidavits, 'hich failed to iplicate ein the acer-Corbito urder case and there is evidence, 'hichcontradicts a aterial fact contained therein---------------------------

1" This Ionorable Office cannot disre&ard the prioraffidavits of ancao Throu&h counsel, 'as advised that thediscrepancies in his affidavits are irreconcilable and une/plainedand the d'ell on aterial points, such inconsistencies necessarildiscredit his veracit as a 'itness"# Biven the flip-floppin&affidavits of ancao, it is beond lo&ical coprehension for thisIonorable Office to accept the stateents in his 1% Februar "##9

=ffidavit Iis cavalier attitude in chan&in& s'orn stateents indeeddoes not spea. 'ell of his candor and honest "1 Iis latest affidavitis obviousl a product of a 'ell-funded but lousil e/ecuted specialoperation t is 'ell-settled that affidavits of recantation are notfavored and do not cancel or erase the affiantKs earlier declaration,thus2

Brantin& ar&uendo, that the second affidavit validlrepudiated the first one, courts do not &enerall loo. 'ithfavor on an retraction or recanted testion, for it couldhave been secured b considerations other than to tell thetruth and 'ould a.e solen trials a oc.er and place

"# People vs. Anisal, ""D (CR= 1#1 p 11"H People vs. T%la-an, 1!% (CR= 1#7H People vs.Casi,"1% (CR= %9#

"1 !o;as, Jr. vs. Rollan, = 4o P-##-1%D! Februar "7, "##"


39/80


the investi&ation of the truth at the erc of unscrupulous'itnesses = recantation does not necessaril cancel anearlier declaration, but li.e an other testion the sae issub0ect to the test of credibilit and should be received 'ithcaution""

1% counsel advised e that in deterinin& probablecause, the avera&e an 'ei&hs facts and circustances 'ithoutresortin& to the calibrations of technical rules of evidence of 'hichhis .no'led&e is nil Rather, he relies on the calculus of coon

sense of 'hich all reasonable en have an abundance The tersare le&all snonous and their reference is not a person 'ithtrainin& in the la' such as a prosecutor or a 0ud&e but to theavera&e an on the street

1! Thus, althou&h have presented evidence of the clearpre0ud&ent of this Ionorable Office a&ainst e, based on thecoon sense of the proverbial avera&e an on the street,ancaoKs alle&ation cannot be &iven an 'ei&ht even for purposesof deterinin& probable cause =n avera&e an 'ill not believe aperson 'ho under the aditted pressure of the &overnent

e/ecutes an affidavit, 'hich entions nae contrar to hisprevious affidavits that failed to ention e at all

ancaoKs stateents as to the conversation he alle&edlpersonall overheard 'hile he 'as ridin& at the front passen&erseat stands on solid &round------------------------------

15 ancaoKs alle&ation in his 1% Februar "##9 =ffidavit

deserves scant consideration for it is pure fabrication ancaorelaed that the incident in the car occurred durin& the tie 'henthen President :strada 'as out of the countr This fact is theaterial reference in tie upon 'hich the alle&ed incident advertedto b ancao is anchored upon This 'as testified to b ancaoas follo's2

(T=T: PRO(:CGTOR =):;

E r ancao, ou testified that or ou said a'hile a&o thatCol =


40/80


alacaan& and that the 'ill ta.e care of the P=OCTF ChiefBeneral )acson @hat else, if an, transpired after that incident inrelation to this operation deltaN

*@T4:(( =4C=O =4(@:R4B+

= =fter that incident, can recall on (epteber to earlOctober, it 'as the tie 'hen the then President 'as out of thecountr, self, Beneral )acson, Col =


41/80


E Could ou recall 'hat .ind of car 'ere ou ridin& includin&the plate nuber of that carN

*@T4:(( =4C=O =4(@:R4B+

= cannot recall e/actl, sir

E 8ut ou could recall r @itness because in our testionou said that, correct e if K 'ron&, ou 'ere seated on the

front passen&er side beside the driver (&t O/ioso and behindou 'as Col =


42/80


= Gsuall but in soe circustances it is not al'as done,(ir

/ / / / / /

E (o the aides of Ben )acson 'ere in the bac. up car andou 'ere seated at the place reserved for the aide, correctN

= Jes, (ir

E 8ut ou 'ere not the aide of Ben )acson, correctN

= Jes, (ir"!

"1 8ased on the above


43/80


E The operation 'herein ou alle&edl overheard Beneral)acson tell ichael Ra =


44/80


= heard that portion, (ir

E Could it be possible r @itness that 'hat ou actualloverheard 'as pa&sabain .o na and not pa&sabain no na,'ould that be possibleN

/ / / / / /

= There is a possibilit, (ir"5

"% @ith a clear adission that ancao 'as not at allcertain of 'hat he actuall overheard, then alle&ed involveentno' becoes rather doubtful = 'itness 'ho is certain of hisnarrations 'ill reain staunch, the assiduous efforts of the defenseto deolish his credibilit not'ithstandin& On the other hand, a'itness 'ho prevaricates 'ill find it hard to stic. to his stor and 'illfind hiself eventuall entan&led in the 'eb of lies he has 'oven "6:asil ancao falls under this cate&or

"! oreover, ancaoKs 1% Februar "##9 =ffidavit, even

if its alle&ations 'ere assued ar-%endo to be true, sho's thatforer President :strada, rather than , 'as behind the alle&edurder of acer 4othin& in that =ffidavit iplicates e as aconspirator or as a principal b induction

"5 8ased on ancaoKs 1% Februar "##9 =ffidavit, thereason for operation :)T= is because :R=P 'as alreadpeeved at hi *:)T=+ Clearl, ancao is not claiin& that 'as the asterind behind operation :)T= but another personcalled :R=P n fact, the onl stateent attributed to e bancao, 'hich coplainants clai to lin. e to the crie, is

alle&ed stateent #pa-saba* o na at tin-nan natin /%n- sino naan- a%na. 8ut this stateent *assuin& ar-%endo that haduttered it and ancao heard it+ actuall sho's that 'as not part ofthe plan to .ill acer =t ost, it 'ould onl sho' a desire thatsuch a plan, as to 'hich had no involveent, should be e/ecutedto&ether 'ith the alle&ed plan to .ill 8erroa"7

"6 counsel advised e that to hold soeone &uilt asa co-principal b reason of conspirac, it ust be established that

"5 T(4 pa&es %1-%5, (epteber 1#, "##9, Criinal Case 4o #1-191969, nitial Cross-:/aination of Ce?ar ancao

"6 People vs. Capitle, BR 4o 1%7#!6, Februar "6, "##1"7 Of course, also veheentl and specificall den an involveent in an plan to .ill 8erroa,but this is not the issue in this preliinar investi&ation


45/80


he perfored an overt act in pursuance or in furtherance ofconspirac The overt act a consist of active participation in theactual coission of the crie itself or oral assistance to co-conspirators b e/ertin& oral ascendanc over the b ovin&the to e/ecute or ipleent the conspirac"D The alle&edstateent attributed to e does not su&&est an of these thin&s nfact 'hat ancao attests to is that it 'as President :strada 'hoordered the .illin&, and that it 'as upon his orders that thecoitted the crie =ll that ancaoKs 1% Februar "##9 =ffidavitsu&&ests is that /ne5 of the plan 8ut ere .no'led&e,ac


46/80


cate&orical stateents assi&ned to e 'hich declare that alle&edl ordered or participated in an anner in the &ruesoecrie

%# Thus, it is crstal clear that the alle&ations of ancaoin his affidavit did not directl iplicate e in the perpetration of the&ruesoe crie t is ver 'ell-settled in our 0urisprudence thatconspirac cannot be established b ere inferences orcon0ectures%" t is incubent upon coplainants to prove that perfored an overt act in pursuance or furtherance of the alle&edcoplicit Io'ever, ancaoKs &eneral accusation a&ainst edoes not constitute proof of conspirac and neither 'illcoplainantsK s'eepin& conclusions that orchestrated the sae

The =ffidavit 'as convenientl drafted b the unseen handsof the &overnent in an attept to persecute e in a crie of'hich have no participation-----------------------------------

%1 The char&es filed a&ainst e 'ere not ade in pursuitof 0ustice in findin& the truth behind the incidents of the acer-Corbito ouble urder case, but 'ere ade in a desperate atteptb the =rroo =dinistration to persecute e This 'as in factaffired b ancao 'hen he testified on 17 (epteber "##9, asfollo's2

=TTJ C=$GCO

E2 r @itness, 'ill refresh ou on our deposition 'hich oue/ecuted last a "1, "##9 id ou e/ecute this deposition, r

@itnessN

/ / / / / /

E2 8ut r @itness, do ou confir that ou attended thedeposition ta.in&N

*@T4:(( =4C=O =4(@:R4B+

=2 Jes, (ir

E2 =nd 'ould ou affir that 'hen ou 'ere as.ed on Pa&e

"" of this deposition, Euestion2 =nd one of the reasons ou did%" People v. Mal%enda, %51 Phil !67, !9% *199D+


47/80


not 'ant to return to the Philippines is that ou 'ere concernedthat ou 'ould not be treated fairl b the Bovernent ofPresident Bloria =rroo snKt that trueN and ou ans'ered,Bloria =rroo, sirN Euestion2 Jes =ns'er2 Jes, (ir =ns'er2Jes, (ir Euestion2 $ust M K 0ust &oin& to repeat that


48/80


= Jes, sir

E =nd ou e/ecuted and si&ned our counter affidavitbecause ou 'ere receivin& intiidation at that tie s thatcorrect, r @itnessN

= Jes, sir

E Jou li.e'ise testified, r @itness that several cases 'ere

bein& prepared a&ainst ou includin& possible char&es ofrebellion s that correct, r @itnessN

= Jes, sir

E =re these cases bein& readied b the currentadinistrationN

= The (upree Court at that tie ruled that there 'as nostate of rebellion and that the 'arrant of arrest that 'e feared of'as nullified

E 8ut


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&overnentKs efforts to aneuver the outcoe of the case, he alsostated that # a the arhitet of this ase. # 5o%ld ass%e thatManao and 7%lao are doin- this bea%se of onfidene to *oitent.

%6 oreover, even at the tie he 'as to leave his postas $ustice (ecretar, he 'as ver 'orried that his ipendin&transfer to the Office of the Chief )e&al Counsel i&ht affect theacer-Corbito double urder case n recountin& his discussion'ith incoin& $ustice (ecretar =&nes evanadera, he stated that(he said she is not ver sure of the paraeters told her 'hat 'anted n a ne's report fro n


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E2 r @itness, 'ould ou confir if ou have personalltal.ed to (ecretar Bon?ales or b telephone 'hen ou 'ere inthe Gnited (tates, r @itnessN

*@T4:(( =4C=O =4(@:R4B+

=2 Jes, did, sir

E2 @hen 'as that, r @itnessN

=2 :arl eceber, sirE2 (o that 'as before ou e/ecuted that affidavit, r@itnessN

=2 Jes, sir%D

!# Ta.in& into consideration all these incidents precedin&the e/ecution of the supposed =ffidavit, there is no doubt thatancao e/ecuted the sae 'hile he 'as under a treendouspressure fro the Bovernent led b no less than the forer$ustice (ecretar

!1 The affidavit itself 'as prepared b a panel ofepartent of $ustice prosecutors and ancao 'as erel as.edto si&n it ancao confired this in open court as follo's2

=TTJ =(=O

E r @itness, ou testified ou e/ecuted an =ffidavit inFlorida before the Ionorable Consul acatan&a on Februar 1!,"##9, do ou affir thisN

*@T4:(( =4C=O =4(@:R4B+

= Jes, (ir

/ / / / / /

E2 r @itness, 'ould ou adit that ou spo.e 'ith theprosecutor and other O$ officials in the Gnited (tates before ouprepared this affidavitN

=2 Jes, (ir

E2 =nd can ou tell us 'hat did the tell ou before ou%D T(4 Pa&e D%, (epteber 17, "##9, Criinal Case 4o #1-191969, Cross-:/aination of

Ce?ar ancao


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prepared this affidavitN

=2 That have to tell the truth so can receive the 0ustice that 'antE2 (o can ou tell the Court 'ho actuall prepared thisaffidavit 'hen ou 'ere in the Gnited (tatesN

=2 t 'as prepared b the panel, 'e read the draft, it 'asade ore than "! hours

/ / / / / /

E2 id the panel of prosecutors &ive inputs in preparin& thisaffidavitN

=2 Buidance, (ir%9

!" This fact 'as a&ain confired b ancao on 17(epteber "##9 'hen he testified as follo's2

=TTJ =T:4;=

Jour Ionor, a no' in the sta&e 'here Februar 1!

'hen the O$ representatives cae to 0ail =nd on pa&e !9 theEuestion 'as Jes, prettier *sic+ r @itness 'ould ou aditthat ou spo.e 'ith the prosecutor and other O$ officials in theGnited (tates before ou prepare this =ffidavitN and the =ns'er2Jes, (ir =nd in another


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*@T4:(( =4C=O =4(@:R4B+

=2 =t the tie 'hen 'e first et on Februar 1" before aproper a&reeent on the .ind of iunit eetin& bet'een

=ssistant G( (tate =ttorne $effer Lin and Public efender)ope?, sir, cannot e/plain full ho' supposed to be, sir 8ut it isa .ind of e/plorator eetin& 'here in the stateent that 'ill bea.in& 'ill be used for a case, it could be ta.en a&ainst e but if 'ill tell a lie or per0ure a stateent those people 'ho 'ere thereas Kve entioned earlier the people fro the Philippines 'ho 'ere

led b =ssistant or Gndersecretar :rnesto Pineda,Gndersecretar Oscar Calderon 'ho is also under the O$, the)ad Prosecutor, 48 Re&ional irector Ric ia? 'ho is alsopresent, sir, and an C: =&ent or i&ration and Custos:nforceent =&ent in the nae of Ric atthe' 'as there, sir

/ / / / / /

=TTJ =T:4;=

E =nd as ou earlier testified there 'as &uidance in thepreparation of the affidavitN

= Jes, sir!#

!% :/pectedl, instead of prosecutin& ancao for thecriinal char&e a&ainst hi in the acer-Corbito ouble urdercase, the &overnent .no'in&l allo'ed hi to freel roa in theGnited (tates for ei&ht *D+ ears 4o', after successfullpressurin& ancao to si&n his supposed affidavit on 1% Februar"##9, the &overnent in return, iediatel initiated the processfor his e/tradition to the Philippines =s proised, the &overnentas.ed for the dischar&e of ancao as state 'itness Iavin& thesein ind, it is eas to see 'h ancao fabricated a fictitious stor toiplicate e in this unfounded suit

The affidavitsAstateents presented in Criinal Case4o 1#-191969 failed to iplicate e in the acer-Corbitoouble urder case-------------------------------

!! urin& the hearin& on 1! =u&ust "##9, this IonorablePanel directed coplainants to produce the persons 'ho e/ecuted

!# T(4 pa&es 56-61, (epteber 17, "##9, Criinal Case 4o #1-191969, Cross-:/aination ofCe?ar ancao


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the purported s'orn affidavits attached to their otion and(uppleental to =dit =dditional :vidence

!5 Coplainants coitted that the 'ill onl adopt andutili?e the affidavits of the persons 'ho 'ill appear before theIonorable Panel and s'ore on their affidavits For this purpose,coplainants re


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4o #1-191969 failed to iplicate e in the acer-Corbitourder case---------------------------------

!D =ccordin& to counsel, the corpus delicti includest'o thin&s2 first, the ob0ectiveH second, the sub0ective eleent ofcries n hoicide *b dolo+ and in urder cases, the prosecution*in this case the coplainants+ is burdened to prove2 *a+ the deathof the part alle&ed to be deadH *b+ that the death 'as produced bthe criinal act of soe other then the deceased and 'as not theresult of accident, natural cause or suicideH and *c+ that defendantcoitted the criinal act or 'as in soe 'a criinallresponsible for the act 'hich produced the death

!9 The burden of coplainants 'as not dischar&ed evenat this sta&e 'here the issue is erel probable cause The resultof the 4= :/aination conducted b the GP 4ational (cienceResearch nstitute *GP4(R+ sho's that2

(P:C:4 1 (everal pieces of burnt tires contained in asealed transparent plastic ba& 'ithar.in&s

" =shes contained in a sealed transparentplastic ba& 'ith ar.in&s

% =lle&ed charred bones contained in three*%+ sealed transparent plastic ba&s all 'ithar.in&s

! :i&ht *D+ pieces of teeth contained in atransparent plastic ba& 'ith ar.in&s

=T: (G8TT:2 (pecien 1-% W arch "D, "##1 at 12!5 p

(pecien ! W arch "D, "##1 at 12!5 p

=)):B: C=(:2 Re2 FO Case, 48, anilaicti2 8G88J =C:R and his driver

R:EG:(T4B P=RTJ2 ( % =ntonio :ru 4oted2 =tt arianitoPan&aniban

FO-(, 48, Chief, FO, 48, la la

PGRPO(: OF :Q=4=TO42 For 4= =nalsis

F44B(2eo/ribonucleic acid analsis conducted on the above-


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entioned speciens all &ave 4:B=T: R:(G)T( for the presence ofIG=4 4=

5# eril, assuin& ar-%endo that stateents of theabove-entioned affiants should be included in the proceedin&s,the (tateKs o'n investi&ation, throu&h the 48, sho's the alle&edcharred bones of acer and Corbito &ave ne&ative results for thepresence of huan 4=, 'hich necessaril eans that specien&athered b the investi&ators *charred bones, teeth, etc+ are not

huan This necessaril contradicts the alle&ations of @illia ))ope? and =le/ 8 ilo in their respective =ffidavits that acer andCorbito 'ere urdered and burned at an ilatin ndan&, Cavite fit 'ere true that acer and Corbito 'ere .illed, and their reainsburned, at the site 'here the charred bones 'ere alle&edldiscovered, then the site should have been littered 'ith reains,'hether charred bones or other'ise, that could be traced to aceror Corbito or at the ver least, to the reains of huan bein&s

51 =nent the dentures alle&edl recovered fro thealle&ed crie scene, suffice it to sa that the circustances b

'hich the 'ere recovered are hi&hl suspect Consider thefollo'in&2

511 4e'spaper reports stated that 'hen r Ra


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plate 'as indeed that of acer but onl r Ra


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proble li.e this so 'as ade to ipress that the order carr out'as to protect or cover up our en, sir

E2 8ut Ben )acson never e/pressl said do a cover up, doou a&reeN

=2 4ot e/pressl, (ir!"

56 t ust ephasi?ed that ancao aditted that nevere/pressl &ave an order to cover up the said investi&ation :ven

then, no actual cover up 'as ade b ancao because it 'as the48 'ho alread too. char&e of the investi&ation

57 'as advised b counsel that the (upree Courtin #l%sorio vs. #l%sorio, et al., citin& (ection 1 of Presidential ecree4o 1D"9, other'ise .no'n as Penali


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authorit over the said unitH *%+ (lvia and Cristina had noauthorit to enter the unit and conduct acts of aintenancethereonH and *!+ (lvia and Cristina 'ere ared 'hen theeffected entrance 8ased on these circustances, thechar&es of robber and


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6" n vie' of all the fore&oin&, it is evident that the realpurpose in filin& this criinal coplaint for double urder is topunish e for relentless and uncoproisin& stand a&ainst&raft and corruption and not to see. redress for a crie nevercoitted

6% a e/ecutin& this =ffidavit to attest to the truth of thefore&oin& stateents and in support of praer for the outri&htdisissal of this criinal coplaint and for 'hatever le&al purposethis a serve

=FF=4T FGRTI:R (=J:TI 4=GBIT

4 @T4:(( @I:R:OF, have hereunto set hand this"6thda of October "##9 at anila

*(B+(:4=TOR P=4F)O )=C(O4

Affiant

(G8(CR8: =4 (@OR4 to before e on this "6 thda ofOctober "##9, at anila

*(B+ *(B+IO4 P:T:R O4B IO4 =R=R: P (=T4-=(

*(B+IO4 =R :)R= 8 I:RR:R=

C : R T F C = T O 4

@e hereb certif that 'e have personall e/ained theaffiant and 'e are satisfied that he understood the fore&oin&counter-affidavit and that the sae is his voluntar act and deed

*(B+ *(B+IO4 P:T:R O4B IO4 =R=R: P (=T4-=(

*(B+IO4 =R :)R= 8 I:RR:R=


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nitiall, the O$ panel of prosecutors set the hearin&s oneceber 1 and 1D, "##9, but cancelled the hearin&s and declaredthe case subitted for resolution On eceber ", "##9, the O$Panel denied petitionerXs otion for Reconsideration =d CautelaOn eceber 1D, "##9, the O$ panel of prosecutors issued aResolution findin& probable cause for t'o counts of urder a&ainstpetitioner The coplaint for violation of (ection 1*c+ of Presidentialecree 4o 19"9 'as disissed for lac. of erit!5

On $anuar 7, "#1#, t'o separate but identical inforations forurder 'ere filed a&ainst petitioner for alle&edl conspirin& 'ith theother accused in Criinal Case 4o #1-191969

The nforation in Criinal Case 4o 1#"7"9#5 reads2

The undersi&ned (tate Prosecutors hereb accuseP=4F)O )=C(O4 for the crie of urder, defined andpenali?ed in =rticle "!D of the Revised Penal Code, as aended,

coitted as follo's2

That on or about 4oveber "!, "###, in the Cit ofanila, Philippines and 'ithin the 0urisdiction of thisIonorable Court, accused P=4F)O )=C(O4,conspirin&, confederatin& and actin& to&ether 'ith, aidin&and helpin&, and 'ith the aid and help of, the accused inCriinal Case 4o #1-191969, pendin& before the Re&ionalTrial Court, 8ranch 1D, anila, nael, PA((upt ichaelRa 8 =


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'ilfull, unla'full and feloniousl .ill (=)=OR8G88J =C:R b stran&ulation 'hich 'as the directand iediate cause of his death and then burned hisbod to the daa&e and pre0udice of said (=)=OR

8G88J =C:R and his le&al heirs!6

The nforation in Criinal Case 4o 1#"7"9#6 reads2

The undersi&ned (tate Prosecutors hereb accuseP=4F)O )=C(O4 for the crie of urder, defined andpenali?ed in =rticle "!D of the Revised Penal Code, as aended,coitted as follo's2

That on or about 4oveber "!, "###, in the Cit ofanila, and 'ithin the 0urisdiction of this Ionorable Court,accused P=4F)O )=C(O4, conspirin&, confederatin&and actin& to&ether 'ith, aidin& and helpin&, and 'ith theaid and help of, the accused in Criinal Case 4o #1-191969, pendin& before the Re&ional Trial Court, 8ranch1D, anila, nael, PA((upt ichael Ra 8 = 1#"7"9#6, 'ere raffled to RTC-8ranch %", anila

!6 Rollo, p 5%D!7 Rollo, p 5!1


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On $anuar 7, "#1#, petitioner filed an Onibus otion forConsolidation and $udicial eterination of Probable Cause

On Februar !, "#1#, then RTC-8ranch 1D $ud&e raFernande? issued an Order findin& probable cause and directed theissuance of 'arrant of arrest a&ainst petitioner On Februar 1#,"#1#, petitioner filed a otion for Reconsideration 'ith praer for thevoluntar inhibition of RTC $ud&e ra Fernande? n arch "#1#,

RTC $ud&e Fernande? 'as prooted =ssociate $ustice of the Courtof =ppeals

On a "1, "#1#, petitioner filed a otion for Reinvesti&ationThereafter, he filed a (uppleental otion for Reinvesti&ation

On $ul "%, "#1#, RTC-8ranch 1D =ctin& Presidin& $ud&eThela 8uni-edina issued an Order denin& petitionerXs otion forReconsideration and his otion for Reinvesti&ation

On (epteber "!, "#1#, 'ithin the re&leentar period,petitioner filed the instant petition for certiorari and prohibition 'ithapplication for a teporar restrainin& order and preliinarin0unction =fter the filin& of private respondentsK Coent dated4oveber 17, "#1#, this Court issued a Resolution denin& in0unctiverelief

On 4oveber "6, "#1#, the Court directed the parties to subittheir respective eoranda on the erits Petitioner subitted his

eorandu dated eceber 16, "#1# Private respondentssubitted their eorandu dated eceber "1, "#1# The Officeof the (olicitor Beneral opted to adopt its Coent dated 4oveber"6, "#1# as its eorandu

Petitioner cites the follo'in& &round for the &rantin& of theinstant petition, vi?2

BROG4 FOR TI: P:TTO4

PG8)C R:(PO4:4T COTT: BR=: =8G(: OF(CR:TO4 =OG4T4B TO )=CL OR :QC:(( OF


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$GR(CTO4 @I:4 T FOG4 PRO8=8): C=G(: FOR TI:((G=4C: OF @=RR=4T( OR =RR:(T =B=4(TP:TTO4:R

= Public respondent &ravel abused its discretion inspeculatin& and inferrin& petitionerKs criinal liabilit fro hisposition as head of P=OCTF and P4P

8 Public respondent &ravel abused its discretion in findin&probable cause based chiefl, if not solel, on ancaoKs 1%Februar "##9 =ffidavit, 'hich is patentl incredible andunreliable, considerin& that2

*1+ t 'as contrar to ancaoKs previous affidavitsH

*"+ t 'as the product of undue pressure on ancao toiplicate petitioner, 'hich ancao hiself hasadittedH and

*%+ ancaoKs account is inherentl unbelievable andiprobable and has been contradicted in iportantdetails

C Public respondent &ravel abused its discretion in blindl

relin& on ancaoKs 1% Februar "##9 =ffidavit andre0ectin& circustances indicatin& the incredibilit andunreliabilit thereof, on the supposition that atters ofcredibilit of 'itnesses are best resolved durin& the trialproper

*1+ n deterinin& probable cause, a court has a dut toe/aine evidence 'ith care This dut 'as violated'hen public respondent relied on the patentl*incredible and unreliable =ffidavit of the prosecutionKssole 'itnessH

*"+ The circustances pointed out b petitionerunderine not onl ancaoKs personal credibilit as a'itness, but also the inherent credibilit of hisao%nt

*%+ t 'ould be hi&hl un0ust to still sub0ect an accused totrial proper, 'hen it is iediatel* obvious that the

testion of the prosecutionKs sole 'itness isincredible and unreliable


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*!+ This Ionorable Court and the (upree Court havepreviousl ruled that a criinal case should bedisissed for lac. of probable cause if the testionof the prosecutionKs 'itness is incredible andunreliable

:ven assuin& ar&uendo that ancaoKs 1% Februar "##9=ffidavit could be accepted at face value, the alle&edstateents purportedl uttered b petitioner and overheardb ancao are not sufficient to establish probable causea&ainst hi for urder!D

=t the outset, it ust be pointed out that up to no' petitioner isat lar&e and is evadin& arrest fro the tie of the issuance of a'arrant of arrest on Februar !, "#1# 4onetheless, @e areentertainin& the instant petition, in accordance 'ith the rulin& of the(upree Court in the case of Miranda vs. T%liao *!D6 (CR= %D%+,that an accused 'ho is at lar&e 'ith a pendin& 'arrant of arrest canle&all see. affirative relief fro the Court throu&h a petition for

certiorari and prohibition

4o', on the instant petition

The pivotal issue for resolution is 'hether or not the publicrespondent court coitted &rave abuse of discretion aountin& toe/cess of 0urisdiction in findin& the e/istence of probable cause forthe issuance of a 'arrant of arrest a&ainst petitioner for the death of(alvador acer and :anuel Corbito

Traditionall, b &rave abuse of discretion is eant suchcapricious and 'hisical e/ercise of 0ud&ent as is e


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eanin&, ho'ever, alread includes acts done contrar to theConstitution, the la', or 0urisprudence51

To be&in 'ith, (ection 6 of Rule 11" of the Revised Rules ofCriinal Procedure, provides for the &uidelines to be follo'ed b theRTC $ud&e in the issuance of a 'arrant of arrest, vi?2

(:C 6 @hen 'arrant of arrest a issue- *a+ 8 the

Re&ional Trial Court- @ithin ten *1#+ das fro the filin& of thecoplaint or inforation, the 0ud&e shall personall evaluate theresolution of the prosecutor and its supportin& evidence Ie aiediatel disiss the case if the evidence on record clearl failsto establish probable cause f he finds probable cause, he shallissue a 'arrant of arrest, or a coitent order if the accused hasalread been arrested pursuant to a 'arrant issued b the 0ud&e'ho conducted the preliinar investi&ation or 'hen the coplaintor inforation 'as filed pursuant to section 7 of this Rule n caseof doubt on the e/istence of probable cause, the 0ud&e a orderthe prosecutor to present additional evidence 'ithin five *5+ das

fro notice and the issue ust be resolved b the court 'ithin thirt*%#+ das fro the filin& of the coplaint or inforationQ// /// ///

=ptl, in the case of Teresita Tan-hal O/abe vs. "on Pedro 7eeon 3%tierre


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a criinal accusation and the stresses of liti&ations 'hichshould not be suffered b the clearl innocent The filin& ofan unfounded criinal inforation in Court e/poses theinnocent to severe distress especiall 'hen the crie is notbailable :ven the ac


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enshrines ever citi?enKs ri&ht to due process, the presuption thathe is presued innocent, and the inadissibilit a&ainst hi of andaa&in& evidence obtained in violation of his ri&ht a&ainst selfincriination =s $ustice Renato ( Puno has pointed out,probable cause is not an Kopa


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arrest n the said case the prosecution filed the inforation for.idnappin& 'ith urder a&ainst the petitioners based on the s'ornstateent of (ecurit Buard :scolastico Gbal 'ho iplicatedpetitioners as the brains behind the alle&ed .idnappin& and slain&of one :u&ene =le/ander an T'est, a Beran national =fterfindin& that the e/tra0udicial stateent of Gbal suffers fro aterialinconsistencies, ta.in& into account that the respondent 0ud&ecoitted &rave abuse of discretion in issuin& the 'arrant for the

arrest of petitioners it appearin& that he did not personall e/ainethe evidence nor did he call for the coplainant and his 'itnesses inthe face of their incredible accounts, the (upree Court nullified the'arrant of arrest issued a&ainst petitioners The (upree Courtade the follo'in& pronounceents, vi?2

For sure, the credibilit of Gbal is badl batteredCertainl, his bare alle&ations, even if the (tate invo.es its inherentri&ht to prosecute, are insufficient to 0ustif sendin& t'o la'ers to

0ail, or anbod for that atter ore iportantl, the P=CC

operatives 'ho applied for a 'arrant to search the d'ellin&s of(antia&o never iplicated petitioners n fact the claied thataccordin& to Gbal, it 'as (antia&o, and not petitioners, 'hoasterinded the 'hole affair @hile there a be bits ofevidence a&ainst petitionersK co-accused, ie, referrin& to thosesei?ed fro the d'ellin&s of (antia&o, these do not in the leastprove petitionersK coplicit in the crie char&ed 8ased on theevidence thus far subitted there is nothin& indeed, uch less isthere probable cause, to incriinate petitioners Fo# the$ tostan% t#ial an% be %ep#i&e% in the $eanti$e of thei# libe#t'"ho(e&e# b#ief" the la( app#op#iatel' e)acts $uch $o#e to

sustain a (a##ant fo# thei# a##est * facts an% ci#cu$stancesst#on+ enou+h in the$sel&es to suppo#t the belief that the'a#e +uilt' of a c#i$e that in fact happene%.Euite obviousl, thishas not been et *:phasis ours+

)i.e'ise, earlier in the case of Jovito Salon-a vs. "on. ErnaniCr%< Pao, et al.,56 the (upree Court :n 8anc, after notin& that*T+he testion of ictor )ovel a&ainst petitioner (alon&a is full ofinconsistencies, cate&oricall declared that this Court 'ill notvalidate the filin& of an inforation based on the .ind of evidence

a&ainst the petitioner found in the records =lthou&h, the case for56 4o )-595"!, Februar 1D, 19D5, 1%! (CR= !%D


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subversion filed a&ainst petitioner 'as rendered oot and acadeicafter the RTC $ud&e dropped the subversion case a&ainst petitioneron otion of the prosecution, nonetheless, the (upree Courtune


70/80


defined, substantial evidence refers to that aount of relevantevidence 'hich a reasonable ind i&ht accept as ade


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Philippine Ionorar Consul Beneral =n&elo ( acatan&a, Fort)auderdale, Florida G(= Prior to the e/ecution of Ce?ar ancaoKs

=ffidavit dated Februar 1%, "##9, the 48 'ho conducted ane/tensive investi&ation and police 'or. and the O$ panel ofprosecutors 'ho conducted a preliinar investi&ation and thereaftera reinvesti&ation, never iplicated the petitioner as a co-conspiratorin the acer-Corbito urder Onl after Februar 1%, "##9, or afterore than ei&ht ears fro 4oveber "!, "###, that the petitioner

'as iplicated for the first tie in the acer-Corbito urder Theprivate coplainants, dau&hters of (alvador acer, ta&&ed thepetitioner 'ho 'as then the P4P Chief and concurrent Iead of theP=OCTF, as the person 'ho alle&edl orchestrated and orderedthe .illin& of their father based priaril on the =ffidavit datedFebruar 1%, "##9 of Ce?ar ancao

The Court, after &oin& over the records and the circustancesobtainin& in the instant case, entertains serious doubt on thee/istence of probable cause for the filin& of t'o separate inforationsfor urder and the issuance of a 'arrant of arrest a&ainst thepetitioner The O$ panel of prosecutors and the RTC $ud&e reliedpriaril on the alle&ed conversation bet'een )=C(O4 and

=EG4O 'hich Ce?ar ancao alle&edl overheard and divul&ed forthe first tie ei&ht ears after the occurrence of the event Thereliance of the O$ panel of prosecutors and the RTC $ud&e on the

=ffidavit dated Februar 1%, "##9 of Ce?ar ancao is isplaced

!irst The aforesaid conversation alle&edl bet'een )=C(O4

and =EG4O, as narrated b Ce?ar ancao in para&raph 1# of hisFebruar 1%, "##9 =ffidavit transpired (oetie in October "###,or ore than ei&ht *D+ lon& ears after the alle&ed conversation t isdoubtful and unnatural for Ce?ar ancao to reeber and recall thee/act 'ords alle&edl uttered b )=C(O4 and =EG4O ei&ht *D+ears before he reduced in 'ritin& 'hat he overheard and


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recall the 'hole conversation bet'een )=C(O4 and =EG4O6#

Seond n his Februar 1%, "##9 =ffidavit, Ce?ar ancaodeclared cate&oricall that he overheard the conversation (oetiein October "### Io'ever, 'hen he testified on direct e/ainationon (epteber %, "##9, Ce?ar ancao contradicted hiself 'hen hedeclared that he can recall on (epteber to earl October, it 'as thetie 'hen the then President 'as out of the countr, self, Beneral

)acson, Col =


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P4P n his =ffidavit dated arch 1, "##7, Ce?ar ancao declaredthat he &raduated in 19D6 and ichael Ra =


74/80


affidavit, the ission 'as to retrieve docuents fro acerKs officeNo(" in his atte$pt to i$plicate Senato#-elect Panfilo acson"Du$lao" %espe#atel' lin/s #espon%ent Mancao fo# hi$ to%i#ectl' lin/ Senato#-elect acson as (ell as P0Supt. ina (hois un%e# the custo%' of the police autho#ities. In this (a'" thepolice autho#ities can utilie ina" A1uino an% Mancao totestif' one (a' o# the othe# a+ainst ulti$atel' Senato#-electacson" the onl' c#e%ible opposition lea%e# at this ti$e.

"# Finall, ulao alle&es that he tal.ed or reported torespondent ancao after the alle&ed abduction Ie li.e'ise saidthat ancao tal.ed to PA(upt Teofilo ina over the cellulartelephone @orst, respondent ancao alle&edl instructed ulaoto dispose the retrieved docuents and reported the atter to(enator-elect )acson This stor line concocted b ulao in hiso'n initiative or b the coercive force of his captors is not onlfalse, incredible but also ridiculous Fro the ver inception ofulaoKs affidavit, respondent ancao 'as never part of thespecial operations in an anner but later to his affidavitrespondent ancao suddenl plaed a ver crucial role in that hereported the atter to )acson and ordered the disposal of thedocuents These stateents coin& fro PA(upt ulaone&ate the instruction of =


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of the urder investi&ation in Februar of "##1, President:strada 'as reoved fro office and the P=OCTF 'asdisbanded and its forer ebers 'ere reassi&ned to farflun& areas of the countr (oetie =u&ust of "##1 in a)as e&as hotel, ichael =


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operate on =C:R and 8:RROJ= at the sae tie and to 0ustsee 'ho bet'een the is .illed first

The propensit of Ce?ar ancao to contradict hiself underoath is further anifested in his stateents denin& an .no'led&eor inforation on the e/istence of the so-called special operationsn his Counter-=ffidavit dated $une "1, "##1 and in his =ffidavit datedarch 1, "##7, he never entioned or iplicated )=C(O4 in the so-

called special operations

n his Counter-=ffidavit dated $une "9, "##1, Ce?ar ancaoeven denied eetin& =EG4O and in


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did not follo' the noral channels of coand and did not coeunder the purvie' of its andate

ndubitabl, to add flavor to the alle&ed eetin&, 'hich Ce?arancao denied to have transpired in his =ffidavit dated $une "9,"##1, in an obvious effort to iplicate petitioner, Ce?ar ancaoasserted ei&ht ears after that =EG4O alle&edl told hi that the so-called special operations 'as previousl approved b )=C(O4

and b =)=C=4=4B itself

=s sho'n above, Ce?ar ancao is not a credible andtrust'orth 'itness Gnder oath he contradicted hiself on aterialpoints nconsistencies and aterial contradiction affect the credibilitof Ce?ar ancao and the veracit of his stateents Gnder, thecircustances, 'ith the above-cited conflictin& stateents or seriousdiscrepanc on a aterial fact, the RTC $ud&e should have deniedthe issuance of a 'arrant of arrest and disissed the case a&ainstpetitioner for lac. of probable cause

=side fro the fore&oin& contradictions on aterial points,despite the assertion of Ce?ar ancao in para&raph % of his =ffidavitdated Februar 1%, "##9 that he freel, voluntaril and intelli&entl,'ithout an force, intiidation, threats, or an for of duress bein&e/erted on self or an of fail ebers b the &overnent ofthe Republic of the Philippines or an of its officials or eploees,nonetheless, the Court entertains serious doubt on the veracit andreliabilit of his stateents There are facts and circustances

aditted b Ce?ar ancao sho'in& beond a penubra of doubtthat e/traneous factors or other persons a have influenced hi inthe preparation of his =ffidavit dated Februar 1%, "##9 therebdilutin& the veracit and trust'orthiness of his stateents iplicatin&petitioner as a co-conspirator in the acer-Corbito urder Firstl,apart fro the undisputed fact that it too. Ce?ar ancao ei&ht lon&ears before he iplicated petitioner for the acer-Corbito urder,prior to the e/ecution of the Februar 1%, "##9 =ffidavit, Ce?arancao aditted on redirect-e/aination that on (epteber "7,"##7, (=FP Chief 8ri& Ben Roeo Presto?a called hi and as.ed

hi to fabricate soe inforation or char&es a&ainst (enator


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)acson proisin& hi his reinstateent to the police force, financialsupport and relocation of his fail to (in&apore6% =lso, petitionerpointed out that in an intervie' on =u&ust 6, "##D 'ith B=4e'scaster a.i Pulido and on =u&ust 1", "##D 'ith Tabalan&Failon at (anche? in ;, 'hich 'as confired b Ce?ar ancao'hen he testified in court on (epteber 1#, "##9, he revealed theoffer for hi to i&rate to (in&apore 'ith his fail in e/chan&e fortestifin& a&ainst petitioner in the acer-Corbito urder ade b then

(=FP Chief 8ri& Ben Roeo Presto?a6!

(econdl, Ce?ar ancaoaditted on cross-e/aination that before he e/ecuted his =ffidavit inthe earl part of eceber he tal.ed to then O$ (ecretar Bon?alesb phone65 Thirdl, Ce?ar ancao declared on cross-e/ainationon the e/istence of e/plorator eetin& soetie in Februar 1"before he e/ecuted his =ffidavit 'herein his stateents 'ill be usedfor a case attended b people fro the Philippines led b =ssistantor Gndersecretar :rnesto Pineda, Gndersecretar Oscar Calderon'ho is also under the O$, the )ad Prosecutor, 48 re&ionalirector Ric ia?66 Fourthl, as pointed out b the petitioner in hisCounter-=ffidavit dated October "6, "##9, on cross-e/aination, inans'er to the


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arrest a&ainst petitioner =lso, it ust be pointed out that the privatecoplainantsK alle&ation that petitioner orchestrated the .illin&because their father opposed petitionerKs appointent as Chief of theP4P is nothin& but an inference or con0ecture not supported bsubstantial evidence on record =s held in the case of Pa%l Roberts,Jr., et al. vs. The Co%rt of Appeals, et al., the (upree Court :n8anc declared that presuption, con0ecture, or even convincin&lo&ic cannot le&all 0ustif the issuance of a 'arrant of arrest 'hich

ust be based on a specific findin& of probable cause in copliance'ith a constitutional re


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RAMON M. 6A!O" 7R. Associate Justice

4E CONCURH

78AN 9. ENRI98E:" 7R. ISAIAS P. DICDICAN Associate Justice Associate Justice

C E R T I F I C A T I O N

Pursuant to =rticle , (ection 1% of the Constitution, it ishereb certified that the conclusions in the above decision 'erereached in consultation before the case 'as assi&ned to the 'riter ofthe opinion of the Court

UAN +. ENRI+UE, R.=ssociate $ustice Chairperson, (pecial (i/th ivision

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