PRELIMINARY hearing on murder charges filed against suspended Bureau of Corrections (BuCor) chief Gerald Bantag in connection with the killing of veteran radio commentator Percival “Percy Lapid” Mabasa and inmate Cristito Palana Villamor alias Jun Villamor is set to be held today at the Department of Justice.
The hearing is scheduled to start at 1 p.m.
A hearing set last November 23 did not push through after Bantag’s lawyer, Rocky Thomas Balisong, objected to the error in the middle name of his client in the subpoena issued by the DOJ. The subpoena was addressed to Gerald Bantag y “Soriano” instead of 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.
However, Senior Assistant State Prosecutor Charlie Guhit said they believe the error was not fatal to the case against Bantag. He said the error was actually cured with the service of the subpoena during the hearing.
Bantag and his deputy, BuCor security officer Ricardo Zulueta, were no-shows at the November hearing although the former said he is not in hiding.
Balisong previously said Bantag might even attend today’s hearing via videoconferencing. “It will depend because the panel of prosecutors also allows attendance via Zoom so it can be done,” he said then.
Zulueta has gone missing even before the filing of the murder charges last month. He did not even bother to send a lawyer to represent him in the November preliminary hearing.
Earlier, Guhit said failure on the part of the respondents to comply with the subpoena to submit their counter-affidavit “shall be considered as a waiver to present their defense in the preliminary investigation.”
In such case, the prosecution will resolve the case based on the prosecution’s case.
Bantag has denied any knowledge and involvement in the killing of Lapid on October 5 and of Villamor on October 18, saying drug lords operating in the New Bilibid Prison have conspired to oust him from his post.
He also accused Justice Secretary Jesus Crispin Remulla of maneuvering to remove him from his post to replace him with retired Armed Forces chief Gregorio Catapang Jr.
Catapang is now the acting BuCor chief.
Aside from Bantag and Zulueta, also included as respondents in the murder raps are several inmates of the National Bilibid Prison in Muntinlupa City.
