Judge in Lacson case seeks appellate court post

SUPREME Court (SC) spokesman Jose Midas Marquez defended the inclusion of Judge Myra Garcia-Fernandez in the Judicial and Bar Council (JBC) shortlist for one of the three vacancies in the appellate court.

Fernandez is the presiding judge of Manila Regional Trial Court Branch 18, which handles the complaint for two counts of murder against Senator Panfilo Lacson. She recently issued a warrant for the senator’s arrest.

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Marquez on Monday said Fernandez is qualified for the position of Court of Appeals (CA) associate justice and not a mere political payback for ruling against one of the critics of the Arroyo administration.

“I don’t think her inclusion in the JBC list has anything to do with that. She has been interviewed. Her record is clean. She has been one of our outstanding judges. I think she really deserves to be in the shortlist,” he said.

Marquez said that Fernandez’s application at the JBC was filed way before the issuance of the warrant of arrest against Lacson, or even before the case against him could be filed by the Department of Justice.

The name of Fernandez, together with eight other nominees for three vacancies in the appellate court, will now be submitted to President Gloria Macapagal-Arroyo.

The CA vacancies were brought about by the appointment to the SC of Associate Justices Lucas Bersamin and Mariano del Castillo on April 3, 2009 and July 29, 2009, respectively, and the retirement of Justice Monina Zenarosa on August 20, 2009.

Last Friday, Fernandez ordered Lacson’s arrest as the principal accused in the murders of publicist Salvador “Bubby” Dacer and his driver, Emmanuel Corbito, in November 2000.

Lacson, claiming political persecution, flew to Hong Kong on January 5. The National Bureau of Investigation (NBI) said the senator is now a subject of an international manhunt.

In Malacañang, Deputy Presidential Spokesman Gary Olivar dismissed allegations that the issuance of an arrest order for Lacson was made in exchange for the support and endorsement of Judge Fernandez’s bid.

Olivar said it is just another speculation and a slur on the judge’s reputation and integrity that is made without basis and a benefit of proof.

“Wala naman koneksyon, wala naman kinalaman ang isang pending case before another court in which the Department of Justice has to be involved as prosecutorial arm of government at one end, and whatever the core between the justice and her superiors in the court system as far as been considered for appointment to a higher position. So again I say it is a baseless speculation,” he said.

He added that the Executive branch does not meddle with the affairs of the judicial branch, which is a co-equal branch of government.

Lacson’s lawyer Alex Avisado said Judge Fernandez might be pressured by Justice Secretary Agnes Devandera into issuing a warrant of arrest for his client in exchange for the support and approval of her bid to be a justice of the CA.

Avisado said they would question before the CA the issuance of the arrest warrant and the dismissal of their motion to junk the case against the senator.

Olivar also denied that the NBI and Philippine National Police (PNP) are being unfair to Lacson by hunting him down.

“Ito po ay isang bagay na pinabulaanan ng ating court system and this is a matter again between the Senator and the Department of Justice as the government's prosecutorial arm and the court with the judge. Kung paano po ginagwa ang tungkulin ng NBI and other law enforcement agency, following the order of the court to execute the warrant of arrest as they have said they are only doing their job and as ordered by the courts,” he said.

Deputy Presidential Spokesperson Charito Planas, meanwhile, said Malacañang is leaving it to the Senate to pursue or reject the expulsion case being sought by Mary “Rosebud” Ong against Lacson.

“May procedure naman para diyan ang senado, at didistansiya ang Executive diyan,” she said.

Planas added that Lacson, despite being issued a warrant of arrest, remains innocent until proven guilty. “Nagpalabas ng warrant of arrest ang korte, ibig sabihin matibay ang ebidensya laban sa kanya. Bahala na ang Senado na mag assess kung ano ang implikasyon nito. Malacanang will just monitor the case.”

Ong, a former anti-narcotics civilian agent during lacson’s term as PNP chief, said the policeman turned senator should be expelled from the Senate while a bounty should also be put up to expedite his arrest.

Honasan’s advice to Lacson

In a related development, an anti-crime group on Monday threatened to file a complaint before the Office of the Ombudsman against Senator Gregorio “Gringo” Honasan for his “advice” on his embattled colleague, Lacson.

Dante Jimenez, national chairman of the Volunteers Against Crime andCorruption (VACC), said they are considering the possibility of filing a complaint against Honasan after the latter advised Lacson to “master the art of disguise and deception” to elude the authorities.

Lacson is in hiding abroad after a Manila court issued a warrant of arrest against him last week accusing the senator of the murder of publicist Salvador “Bobby” Dacer and his driver, Emmanuel Corbito in November 2000.

“We will write Senator Honasan about this. If it is true and he confirms it, then we will file a complaint of unethical conduct as public official before the Ombudsman,” Jimenez said.

“He is (Honasan) teaching the wrong way otherwise you resign to preserve the sanctity of the rule of law,” he added.

The VACC will hold a press conference Tuesday to update the public on the issue.

Earlier, Honasan was quoted urging Lacson, his “mistah” at the Philippine Military Academy (PMA), to use his training as a former police officer and master the art of disguise if he does not want authorities to catch up with him.

A former Army colonel and a key figure in the 1986 People Power revolt that toppled the Marcos dictatorship, Honasan was the subject of numerous manhunt operations by the authorities for leading several coup attempts against the Aquino administration.

Authorities also fingered him as the “brain” behind the short-lived 2003 Oakwood uprising staged by some 300 junior officers and soldiers belonging to the Magdalo group, a charge he denied.

He went into hiding but was caught by a joint military and police team trying to jump from a two-storey town house in Quezon City after several months on the run.

He was charged with coup d’ etat but the Department of Justice dropped the case in 2007 citing lack of evidence.

Military and police officers said they have a hard time going after Honasan as he was a master of deception even going to the extent of using a wig to resemble an Indian businessman on several occasion. (JCV/JMR/AH/Sunnex)