(Eagle News) — The Senate is again hearing today, Monday (March 6) the testimony of retired police officer Arturo Lascanas, with Senator Panfilo Lacson, head of the Senate committee on public order, warning the flip-flopping cop on Supreme Court rulings that do not allow major self-contradictions in cases of conspiracy.
Lacson, himself, announced at the start of the hearing that he has “grown averse” of flip-flopping statements of witnesses, citing his personal experience of the various changing testimonies against him by other police witnesses.
“I would like to state here and now and this is my personal statement — that I have grown averse of flipflopping statement made under oath.
He cited the testimonies of former whistle blower Angelo “Ador” Mawanay and of former Senior Supt. Cesar Mancao, accused in the 2000 abduction and murder of publicist Salvador “Bubby” Dacer and his driver Emmanuel Corbito. Both had flip-flopped on their testimonies and linked the senator to crimes.
Lacson cited the Supreme Court ruling on “Res inter alios acta” that stated that “an extrajudicial confession is binding only on the confessant, is not admissible against his or her co-accused and is considered as hearsay against them.”
An exception to this rule is is an admission made by a conspirator under Section 30, Rule 130 of the Rules of Court.
“This rule prescribes 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 high court ruling said which was cited by Lacson.
“Thus, in order that the admission of a conspirator may be received against his or her co-conspirators, it is necessary that (a) the conspiracy be first proved by evidence other than the admission itself (b) the admission relates to the common object and (c) it has been made while the declarant was engaged in carrying out the conspiracy,” the high court ruling said.
“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 ruling cited by Lacson stated.
Thus, Lacson said that the mere flip-flopping testimony of Lascanas cannot be used as evidence against the President in any court of law.
But he said since the Senate is neither a court of law nor a prosecutorial body, the senators will allow Lascanas to again make his new testimony before the Senate.
“In a democracy such as ours, we do not suppress the voice of dissent, but not without the consequences,” Lacson said in allowing Lascanas to again speak before the Senate.
He told the retired policeman that the senators would question him on whatever he would testify on.
At the start of his testimony, Lascanas said he was changing his story “because of my desire to tell all the truth not just because of my spiritual renewal but also fear of God.”
“I wanted to clear my conscience,” he said.
Lascanas came to the hearing late for a few minutes. He was accompanied by his lawyers from the Free Legal Assistance Group (FLAG) and by opposition senator Antonio Trillanes IV.
The retired police officer last testified at the Senate on October 3 where he denied then the existence of the so-called Davao Death Squad.
However, on February 20, Lascanas changed his story and linked President Rodrigo Duterte to the killings allegedly done by the Davao Death Squad.
