SUSPENDED Bureau of Corrections (BuCor) director general Gerald Bantag finally appeared before the Department of Justice (DOJ) to seek the inhibition of the panel of prosecutors conducting the preliminary investigation (PI) on the murder charges lodged against him and several others in connection with the killings of veteran radio commentator Percival “Percy Lapid” Mabasa and inmate Jun Villamor, the alleged middleman in the case.
Bantag’s lawyer Rocky Balisong sought the inhibition of the DOJ prosecutors and the immediate transfer of the investigation of the murder charges before the Ombudsman, which, he said, has the primary jurisdiction over his client under Article 11, Section 13, paragraph 1 of the Constitution.
Bantag’s camp also cited Section 15, in relation to Section 11 of Republic Act 6770 or the Ombudsman Act of 1989, which gives the Ombudsman the power to investigate cases falling within the jurisdiction of the Sandiganbayan.
Aside from this, Balisong also accused the DOJ of being biased against his client, thus, warranting the inhibition of the DOJ prosecutors from conducting the PI for the purpose of determining whether there is a probable cause to elevate the case for trial.
Bantag’s camp cited the recent pronouncements of Justice Secretary Jesus Crispin Remulla accusing the former BuCor official as the one who may have ordered the killing of Mabasa and Villamor.
He noted that the investigating prosecutors are under the control and supervision of the justice secretary.
Investigators, on the other hand, said Bantag had a clear motive to order the murders.
In the case of Lapid, investigators pointed to his continued exposé on alleged irregularities committed by Bantag in his radio commentary program “Lapid Fire” as the motive.
For Villamor’s death, authorities said the motive was to cover up the murder of Lapid.
Remulla earlier said Lapid’s “Cinderella Man” story could have triggered Bantag to order his killing.
The DOJ secretary said it was narrated to him that Bantag skipped the graduation ceremony of the University of Perpetual Help for its student-inmates held last September 9 at the National Bilibid Prisons after learning that Lapid went to his house that day to examine and take pictures of his house and vehicles.
Remulla noted that the event was very significant for BuCor for Bantag to be absent.
Bantag’s absence, according to Remulla, was an indication that the former BuCor chief was very mad.
“I hope the investigating panel will study it very carefully because we have laid a very solid ground for them to inhibit from this case. Aside from the issue on impartiality, the issue on jurisdiction is a serious matter which should be considered by them,” Balisong said.
Balisong, however, said his client is prepared to file his counter-affidavit on the murder charges before the panel in case it decides not to grant the motion.
Senior Assistant State Prosecutor Charlie Guhit said the submission of Bantag’s counter affidavit was held in abeyance pending the resolution of the motion to inhibit.
Guhit said the complainants were ordered to comment within seven days on the motion, after which, the panel would issue a resolution on the motion.
“The continuation of the preliminary investigation will be dependent on the resolution on the motion for inhibition,” he said.
Also during the preliminary investigation, Bantag’s camp filed a written request for clearer copies of some of the documents submitted in support of the complaints.
Guhit said the panel has furnished the respondent with the documents he requested.
Lapid’s brother Roy Mabasa said he would oppose the motion of Bantag, which, he said, is only intended to delay the proceedings on the case. “We will file our opposition by next week,” he said.
Bantag and BuCor deputy security officer Ricardo Zulueta were charged as principals by inducement in the Lapid killing.
Also charged in the Percy Lapid killing as “principals by indispensable cooperation” were Bilibid inmates Denver Batungbakal Mayores, Alvin Cornista Labra, Aldrin Micosa Galicia and Alfie Peñaredonda.
For Villamor’s death, Bantag and Zulueta were charged as principals by inducements, while inmates Labra, Galicia, Mario Germones Alvarez and Joseph Medel Georfo were charged as principals by indispensable cooperation and inmates Christam Dizon Ramac, Ricky Lamigo Salgado, Ronnie Pabustan de la Cruz and Joel Alog Reyes were charged as principals by direct participation.
Meanwhile, Zulueta again did not attend the hearing and was not represented by a lawyer.
The inmates, according to Guhit, appeared in the preliminary investigation via video conferencing with the assistance of their respective counsels.
Image credits: PNA/Yancy Lim