Remulla: Info from Percy murder middleman can be a ‘dying declaration’
I don’t know if she named someone in her testimony. We just have to wait for that. But I cannot speak on that on personal knowledge
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Daily TribuneI don’t know if she named someone in her testimony. We just have to wait for that. But I cannot speak on that on personal knowledge
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Justice Secretary Jesus Crispin Remulla is giving credence to the statement of the sister of the alleged middleman in the murder of Percival "Percy Lapid" Mabasa to the case.
Remulla said the information from Jun Villamor's sister regarding the killing of Lapid cannot be dismissed as hearsay, as this could be considered a form of "dying declaration."
"When you said that you had most conscious that he may die, alam niya pwede na siyang mamatay… Alam niya, kaya sinasabi niya sa sister niya yung information. That is an exception to the hearsay rule," Remulla said.
"That's why her testimony is very important because she is the owner of the telephone and she was the one that the brother talked to tungkol dito," he added.
The justice chief said he deems the text message a "very important piece of evidence," and ordered the National Bureau of Investigation to look into the message, as well as the potential witnesses mentioned in it.
But Villamor's sister has not mentioned whether there were officials from the Bureau of Corrections involved in Mabasa's murder.
"I don't know if she named someone in her testimony. We just have to wait for that. But I cannot speak on that on personal knowledge," Remulla said.
Joel Escorial, confessed gunman, said Villamor, an inmate of the New Bilibid Prison, served as an intermediary in the murder of Mabasa.
Villamor died on 18 October., the same day that Escorial was presented to the press by Interior Secretary Benhur Abalos.
Remulla said a person for whom Escorial worked before is already under government custody, and is being secured inside a military facility.
But authorities have yet to determine the person's involvement in Mabasa's killing.
Villamor's sister has yet to receive full coverage of the government's Witness Protection Program.
"Not yet, will talk with Director Bernaldez of WPP. As we have to clarify some issues. But I think we will try to get them full coverage. That is our aspiration to give her full coverage," Remulla said.
He said he has briefed President Ferdinand Marcos Jr. on the developments of the case, adding that his department has to be careful in validating and giving out names and details on the matter.
Remulla also said he has talked to Roy, Lapid's brother, about the Department of Justice possibly giving the slain broadcaster's family protection.
But Mabasa's family has no final decision on the matter.
"Actually, I told him already that I can give him security protection if there is a need. He hasn't gone back to me. But we can do that, I can arrange for that. They can ask the NBI and we can ask the WPP to detail people to at least accompany them when they go out so they will be secured," Remulla said.
Lapid's family gets death threats
Justice for the slain radio broadcaster is not just the only concern of his family now that they have been receiving death threats too, Senator Risa Hontiveros revealed Tuesday.
"Percy's whole family is worried. Percy's children have been receiving threats on Facebook or through their personal cellphone numbers," Hontiveros said in a statement.
"One of them even received a text message telling him that he is next," she added.
Hontiveros appealed to the government to provide greater security and protection for the family of Mabasa, after visiting them as they requested, and in which they informed her that they have been targeted with threats and harassment since Percy's passing.
The lawmaker expressed doubts about the earlier pronouncement of the Philippine National Police that the murder case is already "solved."
She also emphasized that Percy's family likewise is not convinced that the case is solved.
"The circumstances surrounding the murder created more questions than answers. Not because they have identified the suspects does it mean the case is over," she said.
"The case is far from solved. How can they say it is solved if until now the family is still receiving threats?" Hontiveros asked.
The senator also pointed out that the mastermind behind the killing of the journalist remains at large, hence, protection for the Mabasa family is necessary.
Hontiveros called on the public to continue the clamor for justice for the slain broadcaster.
"I also appeal to the public to not let this case die down. Let's not allow a brutal killing such as this to just be swept under the rug," she said.
No counter-affidavit from Escorial
Meanwhile, Escorial did not submit a counter-affidavit to refute the murder complaint filed against him by the Philippine National Police.
Prosecutor General Benedicto Malcontento said that during the preliminary investigation last Monday, Escorial submitted an affidavit containing his supplemental extrajudicial confession, details of which were not provided.
During the inquest, Escorial "acknowledged that on 3 October 2022, at around 8:30 p.m. in Aria Street, Sta. Cecilia Village, Barangay Talon Dos, Las Piñas City, he shot Percy Lapid three times using a caliber .45 pistol, and that he was accompanied by Israel Adao Dimaculangan, Edmon Adao Dimaculangan and a certain alias 'Orly/Orlando.'"
With his non-submission of a counter-affidavit, Escorial, in effect, affirmed his extrajudicial confession.
The PNP also named in the murder complaint the Dimaculangans and a certain "Orly/Orlando" who are still at large.
The DoJ set the next preliminary investigation on 4 November.
"That's meant for the other respondents," Malcontento said, adding Escorial's co-respondents will be given until 4 November to file their counter-affidavits before the case is submitted for resolution.
The presence and submission of documents of Escorial though are no longer needed in the next PI.
The conduct of the PI was set based on the request of Escorial who waived his rights under Article 125 of the Revised Penal Code.
Article 125 states that penalties will be imposed "upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent."
The waiver was executed by Escorial in the presence of his private lawyer and this means he will be detained continuously during the period of the DoJ's preliminary investigation.
Bantag laments suspension
Suspended Bureau of Corrections director general Gerald Bantag has lamented his suspension and disarming of his service firearm.
Bantag said he could not understand the action after what he had done at the BuCor, the sacrifice of his men who were also disarmed.
Without firearms, Bantag and his men are vulnerable and under threat.
Newly-installed BuCor chief Gregorio Catapang Jr. ordered the disarming of Bantag's men along with their service vehicles.
"He did not wait," said Bantag who said he and his men are now "sitting ducks" from criminal elements specifically drug lords.
"That is why I said this is not a suspension but actually I was axed without due process. I know I will not be able to get back along with my men to our position at the BuCor," Bantag said.
He lamented the fact that Catapang is tapping BuCor personnel who were earlier suspended due to anomalies.
The 90-day preventive suspension of Bantag was in connection with the mysterious death of Villamor, the middleman that contacted Escorial.
