THE subpoena issued by the Department of Justice (DOJ) in connection with the killings of veteran radio commentator Percival “Percy Lapid” Mabasa and inmate Cristito Palana Villamor, alias Jun Villamor, referred to a different “Gerald Bantag,” not the suspended director general of the Bureau of Corrections (BuCor).
Bantag’s lawyer, Rocky Tomas Balisong, at the start of the preliminary investigation at the DOJ yesterday, said the subpoena was addressed to one “Gerald Bantag y Soriano,” not “Gerald Bantag y Quitaleg.”
Balisong said the wrong middle name in the subpoena is a “fatal error” as it refers to another person, not the suspended BuCor chief.
“Gerald Bantag y Soriano is different from Director General Gerald Bantag y Quitaleg. So, two different individuals ito (So these are two different individuals),” Balisong said.
“That is fatal because it refers to two different individuals. Definitely, Gerald Bantag y Soriano is not our client,” he added.
He said this error was likewise reflected in the subpoena served at Bantag’s last known address in Caloocan City.
Following Balisong’s manifestation, Senior Assistant State Prosecutor Charlie Guhit suspended the preliminary investigation and reset it to December 5.
Guhit said the error cannot be considered fatal to the case because it was already “cured” when it was received by the lawyers of Bantag.
“It’s not fatal, not even nearly fatal,” Guhit said, adding he would release a briefer to address the booboo. “We will just address it in the press briefer.”
Asked why they raised the error only at the start of the preliminary proceeding, Balisong said the hearing was the proper time and forum to do so.
“So, we have to manifest it today (because) it has to be brought to the attention of the panel of prosecutors and not just anybody,” he explained.
Balisong said Bantag, who was a no-show in the preliminary hearing, was not in hiding. “He is in Baguio right now, he is not in hiding,” he said when asked about his client’s absence.
Asked if Bantag will attend the December 5 hearing, Balisong said he might do so via Zoom.
“It will depend because the panel of prosecutors also allows attendance via Zoom so it can be done,” he said.
Bantag’s co-respondent, BuCor deputy security officer Ricardo Zulueta, was also absent during the hearing.
Guhit said Zulueta likewise did not send a lawyer to represent him.
Last Tuesday, Roy Mabasa, brother of the slain journalist, expressed concern on the whereabouts of Zulueta.
He said a team from the National Bureau of Investigation and the PNP went home empty-handed when they tried to serve the subpoena to his two known addresses.
Mabasa said Zulueta’s continued absence would create a vacuum in the ongoing investigation since he was named in the affidavits executed by New Bilibid Prison gang leaders who testified before the NBI and the PNP.
“This is not an easy process,” Mabasa said, adding their family expects getting justice will take some time.
On the other hand, the Bilibid inmates under NBI custody appeared via video conferencing.
Guhit said they allowed video conferencing for the inmates for security reasons.
Also attending the hearing is “Marissa,” the elder sister of Villamor, who is under the care of the DOJ’s Witness Protection Program.
To recall, “Marissa” sought the DOJ’s protection after his brother mysteriously died inside the national penitentiary hours after he was tagged by self-confessed gunman Joel Escorial as the middleman in the case.
Villamor was able to send messages to his sister detailing the names of gang leaders in the NBP who he claimed had a hand in his killing to cover up Lapid’s murder.
National Capital Region Police Office Chief General Jonnel Estomo and NBI officials also attended the hearing.
