DOJ junks Bantag’s plea for inhibition in Lapid case

MANILA, Philippines — Suspended Bureau of Corrections (BuCor) chief Gerald Bantag has failed in his bid to have his murder case over the killing of broadcaster Percy Lapid be heard at the Office of the Ombudsman.

In a 17-page resolution released yesterday, the Department of Justice denied Bantag’s motion to inhibit DOJ prosecutors from the case.

“No room for inhibition can be had in these cases,” the DOJ said, noting that Bantag’s right to due process was not violated.

“Apparently, for the panel to inhibit the entire DOJ is beyond its authority because such action will also include the proceedings applicable to petitions for review under the DOJ. Otherwise stated, to rule on the inhibition of the entire DOJ would be contrary to existing laws and rules of procedure,” the department added.

Last December, Bantag filed a petition seeking to transfer the investigation of the murder case from the DOJ to the Office to the Ombudsman.

Justice Secretary Jesus Crispin Remulla said the request is not possible.

Bantag’s lawyer Rocky Balisong cited as one of the grounds for inhibition the exchange of barbs between his client and Remulla.

Balisong said the suspended prisons chief deserves an “impartial and independent probe.”

In raising the issue of jurisdiction, Balisong said Remulla has the authority to review the resolutions of the DOJ investigating panel and substitute them against Bantag’s favor.

However, the panel of prosecutors said Remulla’s adversarial public statements against Bantag were inevitable, considering that the BuCor is an attached agency of the DOJ.

The DOJ set the preliminary investigation of the murder cases filed against Bantag on Jan. 24.

The Philippine National Police and National Bureau of Investigation on Monday filed murder complaints before the DOJ against Bantag, BuCor director for security and operations Ricardo Zulueta and 10 inmates for the killing of Lapid and alleged middleman Jun Villamor.

Fresh raps vs Bantag

Acting BuCor chief Gregorio Catapang Jr. said they are considering filing fresh charges against Bantag, this time over allegations of assaulting prison personnel.

Catapang said they are eyeing to file the complaint tomorrow.

“The alleged assault happened at the New Bilibid Prison, but the BuCor employees are now in Palawan,” Catapang told reporters. “They suffered physical injuries and threats. Hopefully, we will be able to file it by Friday.”

Catapang said the complainants, who are junior officers of the BuCor, were allegedly manhandled by Bantag.

“There are more or less five complainants,” Catapang said. – Ralph Edwin Villanueva