BY ASHZEL HACHERO
FORMER Bureau of Corrections (BuCor) chief Gerald Bantag has challenged before the Court of Appeals his indictment for the murder of radio broadcaster Percival “Percy Lapid” Mabasa and Bilibid inmate Cristito Palana Villamor alias Jun Villamor.
In a petition dated July 10, Bantag accused Justice Secretary Jesus Crispin Remulla, Prosecutor General Benedicto Malcontento, and state prosecutors of committing grave abuse of discretion in charging him with the murder of Lapid and Villamor in October last year.
Bantag, former BuCor deputy Ricardo Zulueta, and several inmates were charged before the Las Piñas City regional trial court for Lapid’s killing, and before the Muntinlupa City regional trial court for Villamor’s death. The two courts have issued arrest warrants for Bantag and Zulueta.
The Department of Justice has said Villamor, alleged middleman who contacted self-confessed gunman Joel Escorial to do the hit on Lapid, was killed to prevent him from identifying the mastermind in Lapid’s killing.
Bantag, in his petition, said the DOJ indicted him despite lack of direct evidence.
Bantag and Zulueta were indicted as “principal by inducement” in the murder of Lapid and Villamor, with the indictment saying the former gave the instructions to kill Lapid to Villamor.
Zulueta allegedly relayed the order to several inmate leaders at the National Bilibid Prison in Muntinlupa City, including commanders of the Sputnik, Happy Go Lucky and BCJ gangs.
Last June, the Las Piñas and Muntinlupa regional trial courts convicted the inmates for acting as accessories in the killing of Lapid and Villamor.
Bantag, in his petition, said only Escorial named him as the person Villamor supposedly identified as the brains behind Lapid’s killing, while inmates Alvin Labra, Aldrin Galicia and Denver Mayores only referred to “tanda” as the alleged mastermind.
“Consider that based on the evidence, it was only the last person, Escorial, who identified the petitioner. All the others simply mentioned references to the petitioner. This type of communication process, often referred to as a rumor mill or ‘hearsay chain,’ is inherently unreliable and susceptible to errors, biases, and deliberate manipulation,” Bantag said in his plea.
“As a result, there is no clear and direct link between the alleged order and the person who supposedly issued it. Each person in the chain may unintentionally or intentionally alter the message, misunderstand its meaning, or misremember the details,” he added.
Bantag also said Escorial did not name him in the initial extrajudicial confession he provided to authorities when he surrendered in October last year. Bantag said his name appeared only in a subsequent affidavit provided by Escorial, adding the latter could have been induced or influenced to identify him so that he (Escorial) could become a state witness.
“His (Escorial) testimony can be seen as a mere afterthought and should be outright rejected. It is incredible to believe that he would have forgotten the petitioner’s alleged involvement, considering that the petitioner would be the most significant and prominent figure in the entire scenario of Percival Mabasa’s killing,” Bantag said adding this means Escorial’s testimony against him could be considered hearsay and inadmissible as evidence.
Bantag reiterated some other individuals may have ordered the hit on Lapid as he said the latter’s exposés on his supposed ostentatious lifestyle pales in comparison to the broadcaster’s exposés on his radio program against Remulla and other personalities.
Last January, Bantag accused Remulla and his replacement at BuCor, Gregorio Catapang Jr., of involvement in the murder of Lapid and Villamor. He also filed administrative complaints before the Office of the Ombudsman against Remulla and Catapang.
