Wrong middle name in Bantag subpoena resets Percy Lapid slay hearing to Dec. 5

The preliminary investigation on the killings of broadcaster Percy Lapid and alleged middleman Jun Villamor was reset to December 5 due to the wrong middle name in the subpoena issued to suspended Bureau of Corrections (BuCor) chief Gerald Bantag.

Lawyer Rocky Balisong, counsel for  Bantag, said their 10-day deadline for the submission of the counter-affidavit only started Wednesday as they had just received the correct subpoena.

He said the subpoena he personally retrieved at the Department of Justice on Monday contained the wrong name.

“We just received it today. Pina-receive sa amin kasi mali 'yong subpoena na sinerve na nauna (We just received it today. The one that was initially served was wrong),” Balisong said.

“Tingnan ninyo it's Soriano, DG Bantag y Soriano. He's different from DG Gerald Bantag y Quitaleg. So two different individuals,” he added.

According to Balisong, this was “fatal.”

“That is fatal because it refers to two different individuals. Definitely, Gerald Bantag y Soriano is not our client, it is Gerald Bantag y Quitaleg,” he said.

Meanwhile, Senior Assistant State Prosecutor Charlie Guhit said it was “not fatal.”

In a briefer, he said the issue on the wrong middle name was addressed by the panel during the hearing.

"Also, another subpoena was issued by the panel and was accordingly received by Atty. Balisong. Moreover, he manifested that all orders of the panel may be addressed to his law office in Baguio City," he said.

None of the other respondents filed their counter-affidavits during the hearing.

Guhit said the counsels for the respondents manifested that their clients will either re-affirm their respective affidavits or submit counter-affidavits in the next scheduled hearing.

When asked to confirm if former BuCor Senior Superintendent Ricardo Zulueta had no legal representation during the hearing, Guhit said, “yes, yes, right now wala (yes, right now there’s none).”

He said the case will be resolved on the basis of the complaint if Zulueta fails to show up in the succeeding hearings.

“There will be no representation for Zulueta then the case will be resolved without his counter affidavit meaning it will be resolved on the basis of the complaint,” Guhit said in an ambush interview.

He further said there were no updates on Israel Dimaculangan, Edmund Dimaculangan, and a certain Orlando, who were identified by self-confessed gunman Joel Escorial as his accomplices in the killing of Lapid.

Escorial attended the preliminary investigation.

New evidence

Meanwhile, Roy Mabasa, Lapid’s brother, said the National Bureau of Investigation (NBI) will submit new evidence to the case.

“[M]akakarinig tayo ng additional evidence from the NBI about this case. Ang NBI signified kanina na sila’y magsa-submit ng additional evidence dito,” he said.

(We will hear additional evidence from the NBI about this case. The NBI signified earlier that they will submit new evidence regarding this.)

Guhit confirmed this, saying NBI manifested during the hearing that it will file supplemental evidence.

He said the panel directed the NBI to furnish all the respondents the copies of supplemental evidence five days before the next hearing.

Asked if he was disappointed by the error in the subpoena, Mabasa said this was part of the fight for justice.

“Well, part 'yun ng paghahanap ng hustisya na magkakaroon ng mga delays… fair naman yung ating mga fiscals kanina. Sinabihan sila na sa susunod ay dapat handa sila sa kanilang mga ifa-file na counter affidavit,” he said.

(Well, delays are part of the fight for justice. The fiscals were fair earlier. They told the respondents that they should be ready to file their counter affidavits.)

Death threats

Mabasa said the death threats to his family have waned.

“In fact, nagkaroon na ng tracing doon sa ibang mga threats ang NBI. Sinabihan na tayo kung sino sino 'yung mga behind but I’ll just let the NBI tell you in the future kung sino sino yung mga yun,” he said.

(In fact, the NBI is tracing some of the threats. We were told who were behind it, but I’ll just let the NBI tell you in the future who these are.)

Lapid was shot dead in Las Piñas City on October 3 while Villamor died at the New Bilibid Prison.  An autopsy by forensic pathologist Dr. Raquel Fortun showed the remains of Villamor to have a “history of asphyxia by plastic bag suffocation.”

Murder complaints were filed against Bantag, Zulueta, and several persons deprived of liberty linked to the deaths of Lapid and Villamor.—AOL, GMA Integrated News