SUSPENDED Bureau of Corrections (BuCor) chief Gerald Bantag yesterday said he has yet to receive the subpoena issued by the Department of Justice (DOJ) in connection with the murder cases filed against him over the killing of veteran radio commentator Percival “Percy Lapid” Mabasa and inmate Cristito Palana Villamor, alias Jun Villamor, the alleged middleman in the case.
The DOJ earlier this week served the subpoena to Bantag at his Caloocan City house, which was empty when process servers arrived. A barangay leader said the embattled official had stopped going home to the family house since he assumed the BuCor post in September 2019.
Bantag said the subpoena server also did not leave a copy of the subpoena in the barangay hall.
“Wala pa akong natatanggap, wala rin silang iniwan doon sa bahay sa Caloocan na subpoena. May nakatira doon ang bayaw ko pero hindi ko alam kung nasaan siya that time kaya walang tumanggap, kaya sila pumunta sa barangay (I have not received the (DOJ) subpoena. The subpoena server also did not leave a copy of it in the barangay hall. My brother-in-law lives in the house, but I don’t know where he was on the day that they came,” Bantag said in an interview with DzBB.
“Sabi naman ng barangay chairman doon na ever since na matanggap ko ‘yung BuCor, hindi na ako umuuwi doon dahil malayo. So wala din silang iniwan doon na subpoena (The barangay chairman told them that since I accepted the BuCor post, I have not been coming to the house because it is too far. But still, they did not leave the subpoena),” he also said.
The DOJ had said that the subpoena is already deemed served.
Bantag reiterated he would cooperate in the investigation of the cases, adding he might even personally attend the preliminary investigation set by the DOJ on November 23 and December 5.
“Magpa-participate tayo sa preliminary investigation ng DOJ dahil ‘yan naman ang legal na proseso kapag natanggap ang subpoena (I will participate in the preliminary investigation of the DOJ because it is part of the legal process once a subpoena is served),” the suspended BuCor chief said.
He said his next legal move would depend on what his lawyers would advise him.
“Sa preliminary hearing, puwede akong pumunta, puwedeng hindi, pero pinag-uusapan namin na gusto ko kasing pumunta doon. Nagre-rely din kasi ako sa mga lawyers kasi hindi naman ako abogado (I may or may not attend the preliminary hearing. I am still discussing this with my lawyers, but I really want to go there. I am relying on my lawyers since I am not a lawyer),” Bantag said.
Last Tuesday, Senior Assistant State Prosecutor Charlie Guhit said the subpoena was served at Bantag’s last known address in Caloocan City.
Guhit said even if no one was there to receive the subpoena, it is “deemed served” since the law provides that it should be served in the last known address of the respondent to a case.
The subpoena directed Bantag to attend the preliminary investigation of the case, adding that failure on his part to do so and answer the allegation shall be considered as waiver to present his defense in the preliminary hearing and the case shall be considered submitted for resolution.
Bantag has repeatedly denied any knowledge or involvement in the Lapid and Villamor killings.
He said he was being pinned for the murders by drug lords operating in the national penitentiary who he said had wanted him out of the BuCor.
While saying he would cooperate with the probe, Bantag said he would not surrender even if a court issued a warrant for his arrest as long as Justice Secretary Jesus Crispin Remulla remains in his post.
Aside from Bantag, also charged in the Lapid and Villamor killings are BuCor deputy security officer Ricardo Zulueta and several prisoners in the New Bilibid Prison.
Zulueta had gone into hiding days before the complaints were filed.
The DOJ has consolidated Bantag’s cases with the earlier murder complaint filed against self-confessed gunman Joel Escorial, Edmon and Israel Dimaculangan and one alias Orly or Orlando.
