Lascañas told: Aside from testimony, provide evidence vs Duterte

Senator Panfilo Lacson on Monday warned retired SPO3 Arturo Lascañas that his allegations against President Rodrigo Duterte would just be put to waste if not supported by evidence other than testimony.

“Ang maipapayo ko lamang kay SPO3 Lascañas, kung ang layunin ng iyong ‘extra-judicial confession’ ay mapanagot sa ilalim ng batas si Pangulong Rodrigo Duterte at iba pang personalidad, marapat lamang na maliban sa iyong salaysay, may maipakita ka pang bukod at ibang ebidensya (I advise SPO3 Lascañas that if the objective of your “extra-judicial confession” is to hold Pangulong Rodrigo Duterte and other personalities accountable under the law, you should provide evidence aside from your testimony),” Lacson said when he opened the hearing of the Senate committee on public order and dangerous drugs on Lascañas’ public confession against Duterte.

READ: Davao cop says Duterte ordered killings, DDS real

“Kung wala ay maaring masayang lamang ang oras ng mga tao dito dahil baka walang kahihinathan ang isinasagawa nating pagdinig sa araw na ito laban sa sinumang mga taong idinadawit mo (If not, our time might just be wasted because our hearing might not bear anything against the personalities you are tagging).”

“Idagdag pa natin na ang extra-judicial confession ni retired SPO3 Lascañas ay hindi niya ginawa habang nagaganap ang diumano’y conspiracy na sinasabi niyang kinabibilangan niya mismo, ang noo’y Mayor Rodrigo R. Duterte ng Davao City at iba pang mga personalidad na kanya ring binanggit sa kanyang sinumpaang salaysay na lumiban at tumaliwas sa nauna na niyang ipinahayag sa isa pang komite ng Senado noong ika-3 ng Oktubre 2016,” he added.

(Let’s add to it the extra-judicial confession of retired SPO3 Lascañas that he didn’t say while the alleged conspiracy was happening, which he said involved then Mayor Rodrigo R. Duterte of Davao City and other personalities whom he mentioned in his sworn statement which was contray to his earlier testimony in another Senate committee last October 3, 2016.)

Lacson cited a Supreme Court (SC) ruling in 2010, which states that “the act or declaration of the conspirator relating to the conspiracy and during its existence may be given in evidence against co-conspirators provided that the conspiracy is shown by independent evidence aside from the extrajudicial confession.”

The ruling, he said, also provides that the admission of a conspirator must be proven with evidence other than the admission itself and that it has been made while the declarant was engaged in carrying out the conspiracy.

“Otherwise, it cannot be used against the alleged co-conspirators without violating their constitutional right to be confronted with the witnesses against them and to cross-examine them,” the senator said, still citing the SC decision.

As chair of the committee, Lacson said he has grown averse to “flip-flopping statements made under oath, probably because of similar incidents in the past directly and indirectly affecting my person.”

“Thus, characters like Ador Mawanay, Udong Mahusay, Cesar Mancao, to name a few, who changed their sworn statements as if they were changing their socks from white to black, or vice-versa may have influenced my natural aversion to self-contradictions,” he said.

In October last year, Lascañas testified before the Senate committee on justice and human rights on alleged extrajudicial killings where he denied the existence of the so-called Davao Death Squad (DDS).

READ: Lascañas says sorry for lying to Senate

But in a press conference last February 20, the retired police officer recanted his testimony and confirmed that the DDS was real. He also accused then Davao City Mayor Duterte of allegedly paying DDS members to kill criminals and enemies.

Despite this, Lacson allowed Lascañas to testify again before his committee.

“This committee is not a court of law that will render judgement on the guilt or innocence of certain individuals. It is not a prosecutor that seeks the existence or absence of probable cause against persons being implicated in the commission of a crime,” he said.

“In a democracy such as ours, we do not suppress the voice of dissent and assertions of compunction and spiritual renewal, but not without a consequence on the part of the accuser for any misuse or abuse of his basic rights under existing laws of the land,” the senator added. RAM/rga