Bantag running to CA if inhibition plea junked
The Department of Justice said the National Prosecution Service and not the Ombudsman has the mandate to handle Bantag’s preliminary investigation
Daily TribuneThe Department of Justice said the National Prosecution Service and not the Ombudsman has the mandate to handle Bantag’s preliminary investigation
PHOTOGRAPH BY JOEY SANCHEZ MENDOZA FOR THE DAILY TRIBUNE @tribunephl_joey
The counsel of suspended Bureau of Corrections chief Gerald Bantag yesterday said they will seek redress with the Court of Appeals in the event the Department of Justice denies their motion for the inhibition of state prosecutors handling the Percy Lapid slay.
According to Atty. Rocky Balisong, if the DoJ will junk their motion, they would first file a motion for reconsideration, a denial of which would raise the possibility of them running to the CA.
"But whatever findings, we will exercise all our legal remedies. We can question them before higher courts, (the) Court of Appeals, maybe, " Balisong said.
Bantag's camp sought the inhibition of state prosecutors handling the two murder complaints filed against him, saying the Office of the Ombudsman, not the DoJ, has jurisdiction over the Percival "Percy Lapid" Mabasa slay case.
Earlier, Balisong said the Sandiganbayan has jurisdiction over Bantag because his salary grade 30 falls within the salary grades 27 and above jurisdiction of the court.
As such, the preliminary investigation of Bantag should fall under the jurisdiction of the Ombudsman, he added.
While the DoJ has already started the preliminary investigation, Balisong said the Ombudsman can still take over the proceedings at any stage or time.
Right entity
Earlier, the Department of Justice said the National Prosecution Service's panel of prosecutors is the right entity to handle the murder charges against Bantag and several others.
Justice Assistant Secretary Mico Clavano said the Office of the Ombudsman only has jurisdiction over cases involving corruption, graft, bribery, malversation and violations of the Code of Ethics of government officials and employees.
Meanwhile, BuCor officer-in-charge Gregorio Catapang Jr. reiterated yesterday that Bantag and some other people may have pocketed at least P300 million of the P900 million allocated to build or repair prison facilities in the country.
He said 95 percent of the payment for the projects were already disbursed when only about 60 percent of them were completed. They were started in 2020 and were supposed to be finished by August 2020.
Catapang claimed Bantag ordered the project documents "doctored" to make it appear they're already finished.
On Wednesday, Catapang said they are mulling plunder charges against Bantag and those involved in the alleged siphoning of project funds.