The Department of Justice (DOJ) sees no indication that former police intelligence officer Michael Ray Aquino, who is facing murder charges before a Manila Trial Court for the 2000 Dacer-Corbito killing, intends to turn state witness.
This, Justice Secretary Leila de Lima said, is the reason why the DOJ does not have any legal standing to ask the trial court to grant Aquino any custodial consideration once he is extradited to the Philippines from the United States.
The only basis for such a request to the trial court by the DOJ is if the DOJ intends to admit Aquino under the Witness Protection Program (WPP), de Lima said. If Aquino is admitted to the WPP, he will not be detained at the Manila City Jail, but will be placed in a safehouse.
"As the facts now appear, especially in the absence of a clear proof as to who exactly was the principal or the mastermind, there's no indication at all that he is a possible state witness," de Lima said.
"Mukhang malaki ang kanyang participation. And he might not - he might not -qualify as a state witness. Remember the most important element: he should appear to be the least guilty? But he was the head of the (Presidential Anti-Organized Crime Task Force) team so the orders were coming from him unless he can tell us if there was a higher officer who gave him the order," she said.
"It's his call whether he wants to squeal or not," de Lima added.
The DOJ is poised to reinvestigate the November 2000 killing of publicist Salvador "Bubby" Dacer and his driver, Emmanuel Corbito, but de Lima said the extradition of Aquino is vital in the process.
"We're just waiting actually for this extradition and (then) we can tell you how we intend to proceed...We're evaluating his statement and we are curious to know if there are revisions...In fact, si Michael Ray Aquino, hindi pa natin alam ang buong storya niya - what exactly is his own version of the story. But of course, we expect that he will deny involvement or participation," de Lima said. Still awaiting confirmation on extradition
The DOJ is awaiting official word from the United States Department of Justice on the status of Aquino's extradition proceedings.
"They would know exactly whether the extradition process has been completed, and once there is such an official confirmation, then they will be ready to extradite," de Lima said.
"Information na lang inaantay namin, a written formal note because there is an advanced (information) that there is no longer (any) legal impediment for his immediate extradition. But it is the U.S. DOJ which would know whether indeed the entire process has been completed based on their laws," she said.
The DOJ will send an official representative to coordinate with United States authorities for the immediate extradition of Aquino, once he has already exhausted all remedies to block his return to the Philippines.
A US District Court and Court of Appeals have rejected Aquino's efforts to be extradited. Lacson feelers?
Asked if she has received word from Senator Panfilo Lacson regarding the reinvestigation of the twin killings, de Lima said, "One or two individuals had already approached me and saying something about camp of Senator Lacson willing to cooperate… I'm trying to verify now whether these individuals - a couple of individuals on separate occasions - were duly authorized to talk to me and relay that particular message."
"How exactly or how exactly can he contribute in terms of ensuring the success of the reinvestigation, that one was not indicated to me," she said.
De Lima ordered the reinvestigation following the Office of the Solicitor General's decision not to challenge before the Supreme Court (SC) a Court of Appeals (CA) ruling that junked the murder charges against Lacson for the Dacer-Corbito killing.
The Dacer family filed a petition for certiorary before the SC, but is willing to withdraw said petition should depending on the outcome of the DOJ reinvestigation.
