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Bantag camp questions DOJ jurisdiction over Percy Lapid slay case

By JOAHNA LEI CASILAO, GMA Integrated News

The camp of suspended Bureau of Corrections (BuCor) chief Gerald Bantag on Monday filed a motion for inhibition against the panel of the Department of Justice (DOJ), suspending the preliminary investigation into the killing of broadcast journalist Percy Lapid.

In an ambush interview following the resumption of the probe, which is also looking into the killing of alleged middleman Jun Villamor, Bantag's legal counsel Rocky Balisong said the case falls under the jurisdiction of the Ombudsman.

Balisong cited the 1987 Philippine Constitution and the Ombudsman Act of 1989.

“Look at Article 11, Section 13, Paragraph 1, which gives the power of the Ombudsman to investigate all cases committed by public officials when it appears to be illegal, improper,” Balisong said.

Bantag's camp further argued that the panel is not expected to be impartial under the supervision and control of Justice Secretary Jesus Crispin Remulla.

They argued that not only has Remulla “prejudged” the cases, but that he is also a person who is at “serious and open odds” with Bantag.

“…Bantag is entitled to due process which requires that he should be heard by an independent and impartial tribunal. The investigating panel being under the control and supervision of the secretary of justice… is not expected to be impartial,” the 15-page motion read.

Bantag previously called on Remulla to step down, accusing him of having no credibility.

For its part, the DOJ had said that Bantag’s actions and allegations came from  a “misguided sense of betrayal” and asked him not to “clutch at straws.”

Asked for his reaction, Remulla said the investigation is just “part of the job.”

“Everything will be based on evidence. Everything is based on evidence. We do not do anything here that is not based on evidence,” he said.

The justice secretary said he will not recuse himself from the case when asked if he will be consulted by the panel of prosecutors.

“I will not inhibit. I will not,” he said.

“Basta pag-uusapin natin [We will discuss it]. Ano yan, that’s a very unique motion,” he added.

 

 

Bantag, accused of being one of the masterminds in the killings, also showed up during the hearing. He was not present during the first probe on November 23.

The suspended chief is facing two complaints for murder.

“Siyempre pakita natin hinaharap natin ang ano, proseso ng batas [We are showing that we will face the proces of the law],” Bantag said.

Balisong said no counter affidavit was filed during the hearing.

“It's only the motion for inhibition. Wala pang counter affidavit because the investigating panel suspended the proceedings muna pending the resolution of our motion for inhibition,” he said.

Asked for a preview of their counter affidavit, Balisong said they “generally denied” the allegations against Bantag.

“We have seen serious inconsistencies—marami, marami [many, many]. Doon sa extrajudicial confession ni Joel Escorial medyo may inconsistency na agad doon in relation doon sa statement ni Galicia at saka ni Labra. Marami,” he said.

(There are already inconsistencies in Joel Escorial's extrajudicial confession in relation to Galicia and Labra's statements. Many.)

He was referring to Lapid’s self-confessed gunman Joel Escorial and persons deprived of liberty Alvin Cornista Labra and Aldrin Micosa Galicia, who are also facing murder complaints.

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.”

For his part, Senior Assistant State Prosecutor Charlie Guhit said other parties were given seven days to submit their comment on the motion.

“For purposes of the motion for inhibition, we gave the other party or parties the time to submit comment on the motion for inhibition. Upon submission of their comments, then we will resolve the motion for inhibition,” Guhit said.

 

 

Meanwhile, Lapid's brother Roy Mabasa and the Philippine National Police (PNP) said they will oppose the motion filed by Bantag's camp.

“Ito ay io-oppose namin ano sapagkat kami naman ay may karapatan [we will oppose this because we have a right to],” Mabasa said.

“Subalit ang sa akin lang ay will state our position that bawat araw, bawat oras na ma-delay dito ay injustice sa pamilya ni Ka Percy,” he added.

(But I will also state that every day, every hour that this is delayed is an injustice to Percy's family.)

Balisong denied any "delaying tactic."

“This is not a delaying tactic because we are raising a very serious issue of jurisdiction and issue on impartiality. This is well within the right of the respondent. This is a serious crime and we cannot just disregard all these things,” he said.

PNP Southern Police District Legal Officer Police Captain Queeny Virtusio said they will oppose the motion as they believe the probe falls under the jurisdiction of the DOJ.

“We believe, of course under the law, that it is within the power of the Department of Justice and the panel of prosecutors to determine whether or not there is probable cause, and also regarding the preliminary investigation, we believe that they are authorized under the law to conduct the preliminary investigation,” she said.

 

 

For his part, Remulla said inhibition is not a question in the case.

“Tignan natin [We'll see]. Basta inhibition is not a question here. Hindi ho pu-pwede ‘yun [That's not acceptable],” Remulla said. — RSJ/BM, GMA Integrated News

Tags: news, percy lapid, Percival Mabasa, Gerald Bantag
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