Daily Tribune‘The Ombudsman has jurisdiction to investigate all offenses committed by public officials which appears to be illegal, unofficial and corrupt practices so it does not make any distinction whether the case falls under the jurisdiction of the Sandiganbayan or the regular courts’
FORMER Bureau of Corrections Chief Gerald Bantag (left) shows up at the Department of Justice for the preliminary investigation of the Percy Lapid case Monday. Roy Mabasa (right), brother of the slain broadcaster was also present. | PHOTOGRAPHS BY BOB DUNGO JR. FOR THE DAILY TRIBUNE @tribunephl_bob
Suspended Bureau of Corrections chief Gerald Bantag yesterday attended the Department of Justice preliminary investigation to determine if there is probable cause to charge him over the killing of broadcaster Percival Mabasa (Percy Lapid) and the murder of middleman Cristito Villamor.
Double murder charges have been filed by the police and the National Bureau of Investigation against Bantag and his deputy, security officer Ricardo Zulueta after being tagged as the brains behind the murder.
"They said I have been hiding, but I wasn't," Bantag told media in the vernacular upon arriving.
At the first hearing of the case on 23 November, Bantag did not attend due to the wrong middle name in the subpoena issued against him.
Lapid was shot dead in Las Piñas City on 3 October, while Villamor died at the New Bilibid Prison hours after self-confessed gunman Joel Escorial named him as the person who contacted him to plan to kill Lapid.
An initial autopsy report conducted by the NBI showed there was no foul play on the death of Villamor, but a second autopsy by forensic pathologist Dr. Raquel Fortun showed the remains have a "history of asphyxia by plastic bag suffocation."
Following Villamor's death, Escorial executed a supplemental affidavit saying "Bantag" allegedly put out the order to kill Lapid, quoting Villamor.
Bantag called on Justice Secretary Jesus Crispin Remulla to step down from office for allegedly bungling the investigation on the killing of Lapid.
He said Remulla is using Lapid's killing to cover the drug-related issue of his son, Juanito Remulla III, who was arrested in connection with the alleged importation of P1.3 million worth of kush or high-grade marijuana.
However, Remulla rebutted Bantag, advising him to stop clutching at straws and instead face the charges against him.
The justice chief said Bantag and Zulueta should come out and face the music instead of defending themselves before the media.
Zulueta has yet to surface, though the NBI and the police are closely tracking him, as he is believed to be still in the country hiding.
Asked about the contents of his counter-affidavit, Bantag said, "Di ko matandaan sa dami." (I can't recall because it's a lot.)
DoJ inhibition sought
Meanwhile, Bantag's lawyer Rocky Balisong said they will seek the inhibition of DoJ prosecutors from the case, claiming the Office of the Ombudsman has the exclusive jurisdiction over the hugely-controversial death case, since the suspended prison chief's salary grade for his position is 30.
"So, we will be filing 'yung motion for inhibition para maalis sa DoJ 'yung preliminary investigation because of two grounds: First is, lack of jurisdiction because sa amin, it is within the jurisdiction of the Ombudsman.
"Why? Because it falls within the jurisdiction of the Sandiganbayan Salary Grade 30 si General Bantag. So, under the law, all offenses na kinomit ng mga public officials salary Grade 27 and above should fall within the jurisdiction of the Sandiganbayan. Therefore, the preliminary investigation should fall under the jurisdiction of the Ombudsman," Balisong said.
Balisong said that while the DoJ has already started the preliminary investigation, the Ombudsman can still take over the proceedings at any stage or time.
"The Ombudsman has jurisdiction to investigate all offenses committed by public officials which appears to be illegal, unofficial, and corrupt practices so it does not make any distinction whether the case falls under the jurisdiction of the Sandiganbayan or the regular courts," Balisong said.
However, he disclosed that Bantag will still file his counter-affidavit before the DoJ "in case government prosecutors deny the motion for inhibition."
Stop the drama
Sought for his reaction, Remulla called on Bantag to "stop the drama" and face the murder complaints filed against him and several others in connection with the deaths of broadcaster Percy Lapid and alleged middleman Cristito Villamor.
"I have lots of work to do, let's stop all this drama. He should just face the case, and it will be all over. No more drama please," he said.
"Exclusive kami, hindi kami judicial. Tingnan natin. Basta inhibition is not a question here. Hindi puwede yon," Remulla commented on Bantag's call to inhibit from the case.
Meanwhile, the DoJ panel of prosecutors handling the preliminary investigation gave the Philippine National Police and National Bureau of Investigation seven days to comment on the motion for inhibition.
Senior Assistant State Prosecutor Charlie L. Guhit, a member of the panel, said upon receipt of the comments, the panel will issue an order or resolution on the motion for inhibition.
