OFF HE GOES | Suspended Bureau of Corrections Director General Gerald Bantag rides a passenger jeepney to get away from reporters hounding him as he leaves the Department of Justice in Manila after attending the resumption of the preliminary investigation into the murder of broadcaster Percival 鈥淧ercy Lapid鈥� Mabasa on Monday. (Photo by GRIG C. MONTEGRANDE / Philippine Daily Inquirer)
MANILA, Philippines 鈥� Suspended Bureau of Corrections (BuCor) Director General Gerald Bantag on Monday attended for the first time the preliminary inquiry into the murders of radio broadcaster Percival 鈥淧ercy Lapid鈥� Mabasa and alleged middleman Cristito 鈥淛un Villamor鈥� Pala帽a, but asked the Department of Justice (DOJ) prosecution panel to inhibit from the proceedings.
Bantag arrived with his lawyer, Rocky Balisong, at the DOJ in Manila where he filed a motion for inhibition, citing lack of jurisdiction and Justice Secretary Jesus Crispin Remulla鈥檚 apparent lack of 鈥渋mpartiality.鈥�
鈥淸W]e raised the issue of impartiality because the investigating panel is under the control or supervision of the department secretary,鈥� said Balisong, citing Remulla鈥檚 department circular in July stating that he 鈥渉as the power to review the resolution of the investigating panel.鈥�
鈥淗e has the power to [review] the resolution and substitute the panel鈥檚 findings. That鈥檚 our fear, so with due respect to the [DOJ] and the investigating panel, we are asking the [DOJ]to inhibit,鈥� Balisong said.
Balisong said it 鈥渇alls within the jurisdiction of the Ombudsman to conduct the preliminary investigation,鈥� citing the Constitution and the Ombudsman Act of 1989 that 鈥済ives the power of the Ombudsman to investigate all cases committed by public officials when it appears to be illegal, improper.鈥�
Not in hiding
In an interview with reporters, Bantag denied that he was in hiding. 鈥淚 wasn鈥檛. Finally, they saw that I wasn鈥檛 hiding; there is no need for [me] to hide. There is no warrant yet. This has not even reached the court,鈥� he said.
He did not answer questions about the murders but his lawyer said Bantag 鈥済enerally denied鈥� the allegations.
Balisong said no counteraffidavit was filed during the hearing but a 鈥渕otion for inhibition because the investigating panel suspended the proceedings pending the resolution of our motion.鈥�
Senior Assistant State Prosecutor Charlie Guhit confirmed that 鈥渢he submission for the counteraffidavit for DG Bantag will be held in abeyance in the meantime鈥� but said, 鈥渦pon submission of their comments, then we will resolve the motion.鈥�
Remulla welcomed Bantag鈥檚 appearance and hoped that he would 鈥渞espect the law.鈥�
But he said he would not inhibit from the proceedings. 鈥淲e will talk about it; it鈥檚 not a problem. That鈥檚 a very unique motion,鈥� Remulla said.
鈥淲e鈥檙e the executive department, this is the National Prosecution Service that we鈥檙e talking about. We have a duty to the law and the Constitution,鈥� he said.
Opposing motion
Mabasa鈥檚 brother, journalist Roy Mabasa, said his family would oppose the motion, 鈥渂ecause we have the right to,鈥� saying he believes the filing of the motion is part of Bantag鈥檚 delaying tactics.
鈥淓ach day, every hour that this is delayed is an injustice to the family of Percy,鈥� Roy lamented.
Bantag and his purported right-hand man, BuCor Deputy Security Officer Ricardo Zulueta, whose whereabouts are unknown, are respondents in the consolidated cases for the murders of Mabasa on Oct. 3 and Pala帽a on Oct. 18.
Bantag, along with Zulueta, was charged as a principal 鈥渂y inducement鈥� in the murders purportedly over a grudge due to the journalist鈥檚 hard-hitting commentaries against him.
Mabasa was shot dead on Oct. 3 by two men on a motorcycle near the gate of the Las Pi帽as City subdivision where he lived.
Pala帽a, an inmate at New Bilibid Prison in Muntinlupa City, was found dead on Oct. 18, a few hours after being implicated as one of the middlemen by the confessed gunman, Joel Escorial.