SC will come out with Kuratong Baleleng decision today

According to the Tribune, the Supreme Court (SC) is scheduled to issue today a final decision to formally reopen the case, which was earlier dismissed by a Quezon City court for lack of evidence.

It is surprising (and very suspicious) that a once unanimous 13-0 SC ruling in favor of Lacson was overturned into a 10-4-1 vote for the revival of Kuratong Baleleng case and for the re-filing of charges against the senator and 37 others, even though no new evidence was presented by the government on it's motion of reconsideration before the SC.

(And they made their decision on Apr 2, 2003, a day after Lacson announced his intention to run for president in 2004.)

Lacson said it was "surprising" that Davide, Associate Justices Josue Bellosillo, Vicente Mendoza, Artemio Panganiban and Leonardo Quisumbing changed their positions even though the prosecution did not present new arguments to support their motion for reconsideration of the unanimous (13-0) SC ruling on May 28, 2002, remanding the case to the Quezon City Judge Ma. Theresa Yadao to determine if the requirements for provisionally dismissing (later made permanent when the prosecution failed after two years to present new evidence) the case had been met. Instead, the majority took it upon themselves to declare that a new rule did not apply retroactively to the case.

The SC used legal technicalities to justify it's unfair ruling, saying that:

1) there was no proper dismissal of the case by the regional trial court.
2) that the two-year period after preliminary dismissal within which the government must file a new case on finding of new evidence, as set forth in the new rules of procedures, has no retroactive application.

Those justices who dissented also issued their own opinions on the Kuratong revival. Their views on the SC reversal? Same as the majority of fair-minded Filipinos familiar with the case... it's all politics and a "clear example of persecution" against Lacson.

Here's one reason why the highly politicized SC decided to revive Kuratong.

In the early part of last year, the Supreme Court in a unanimous decision referred the so-called "Kuratong Baleleng" case against Senator Panfilo Lacson, et al., to Judge Yadao of the Quezon City RTC for further proceedings. Then DOJ Secretary Hernando Perez considered the decision a victory for the administration but at the same time asked for Judge Yadao's inhibition to hear the case. Still, Secretary Perez moved for the reconsideration of the court's ruling, to everybody's disbelief. Why would one in his sane mind question a ruling in his favor? Obviously, Malacañang would have wanted the Supreme Court, to rule that Section 8, a new provision under Rule 117 of the Rules of the Court, does not prohibit the government from filing a new information against Senator Lacson for murder, notwithstanding that the section explicitly prohibits the revival of the same charge after the lapse of two (2) years after its dismissal.

Not a few suspect that the unstated reason for the motion for reconsideration is to incarcerate Senator Lacson for a crime which is unbailable, thus, effectively removing him from the political scene in the 2004 presidential elections. And to make sure that no bail will be granted to Senator Lacson, the DOJ would disqualify Judge Yadao who has the reputation for her fairness and honesty.

If, as reported in a news item of TODAY the other day, the Supreme Court has voted 10-4-1 to reverse its earlier decision which was unanimously reached without a single dissent, then the turn-around will surely raise eyebrows on the capacity of the Supreme Court justices to act with independence and evenhandedness, considering the political implications of the ruling.

Inquirer columnist and all-around creep Mon Tulfo commented that Lacson will be immediately arrested and be put in jail (while the case is being heard in court) once the SC releases it's decision.

Of course, the recent changes in the composition of the Supreme Court may be partly responsible for the SC reversal.

All Arroyo appointees, except for Associate Justice Antonio "the Firm" Carpio who inhibited himself, voted for the revival of the Kuratong Baleleng case.

The 5 who voted in favor of reopening Kuratong are Ma. Alicia Austria-Martinez, Renato Corona, Conchita Morales, Romeo Callejo Sr. and Adolfo Azcuna.

UPDATE: Now the gov't claims it has "stronger" evidence against Lacson. When will this charade ever end?