SUSPENDED Bureau of Corrections chief Gerald Bantag yesterday attended the preliminary hearing of murder cases filed against him and several others for the killing of veteran radio commentator Percival “Percy Lapid” Mabasa and inmate Cristito Palana Villamor, alias Jun Villamor, alleged middleman in the case.
Bantag told reporters at the Department of Justice (DOJ) his appearance should dispel talks he is hiding from the law.
“Finally, nakita nila na hindi tayo nagtatago. Kasi hindi naman tayo dapat magtago, wala pa namang warrant. Wala pa kasi sa korte ito (Finally, they saw I am not in hiding. There is really no need to hide, especially because no warrant has been issued. This case has yet to reach the court),” Bantag said after the hearing.
Bantag was a no-show at the hearing set on November 23 when Bantag’s lawyer Rocky Thomas Balisong objected to the error in the middle name of his client in the subpoena issued by the DOJ.
Bantag said he has he subscribed to his counter-affidavit before a Baguio city prosecutor but he declined to discuss its details.
While he declined to detail his counter-affidavit, Bantag said his appearance in the hearing showed he respects the rule of law and the judicial process.
Bantag, through Balisong, formally filed a motion seeking the inhibition of the entire DOJ prosecution panel from handling the case.
Balisong said the Office of the Ombudsman should be the one handling the case and not the DOJ.
“His post is salary grade 30 and as such it should be under the jurisdiction of the Office of the Ombudsman,” Balisong said.
Bantag, in the motion, cited “bad blood” between him and Justice Secretary Jesus Crispin Remulla, accusing the latter of prejudging the case.
Remulla rejected the inhibition call, saying the DOJ is part of the executive branch and not the judiciary.
Lapid’s brother Roy Mabasa said the family will reject the motion for inhibition as it will only delay the investigation of the case.
“Ito ay io-oppose namin kasi mayroon naman kaming karapatan (We will oppose it because we have the right). But we will re-state our position that every day of delay is already an injustice to our family,” Mabasa said after the hearing.
“We will definitely file our objection to such a move,” he added.
Southern Police District legal officer Capt. Queeny Virtusio said they will also oppose Bantag’s motion for inhibition.
“We informed the panel of prosecutors that we will comment. We will oppose such motion,” Virtuoso said.
Bantag, in the motion, said he wants an “independent and impartial tribunal” to handle the case and asked that it be transferred to the Ombudsman.
“The Secretary of Justice has not only prejudged these cases but is a person who is at serious and open odds with respondent Gerald Q. Bantag who has direct control and supervision over the investigating panel as he exercises such power over the prosecutor general, state, provincial and city prosecutors,” Bantag said in his plea.
“SOJ Remulla and DG Bantag have bad blood between them, hence, given their open animosity, the SOJ will do everything to send him to court regardless of the assurances of jurisprudence that a preliminary investigation is the process by which baseless and malicious complaints are prevented from being escalated to public trial to the humiliation of an innocent person,” he added.
Bantag added that being under the control and supervision of Remulla, he cannot expect to be accorded an impartial probe.
“Under this situation, Bantag’s constitutional right to be heard by an independent and impartial tribunal is violated. Bantag cannot expect justice, impartiality and justice from the DOJ at this time. He is the enemy of its head, hence with due respect, Bantag can never be assured of the neutrality of its members,” he added.
WELCOME DEVELOPMENT
Remulla said Bantag’s attendance in the hearing is a welcome development, considering that the latter has said he would not surrender even if a warrant is issued for his arrest, if he remains the DOJ chief.
He also said he has yet to see Bantag.
Remulla said it would be better if Bantag and his deputy and co-accused, Ricardo Zulueta, face the charges and submit their counter-affidavits.
“Wala tayo drama rito. Harapin niya lang ang kaso, tapos na. Wala tayo drama rito (No drama here. Just face the cases. There should be no drama here),” he added.
Zulueta has gone into hiding even before the murder charges were filed by the National Bureau of Investigation and the Philippine National Police last month.
Bantag has denied knowledge or involvement in the killing of Lapid on October 3 and of Villamor on October 18.
Remulla has said Lapid earned Bantag’s ire after he exposed in his radio program “Lapid Fire” the latter’s alleged unexplained wealth, a claim the suspended BuCor chief also denied.
Bantag said he has nothing to gain from ordering Lapid’s killing.
