Preliminary probe vs Bantag to continue as prosecution panel junks motion to inhibit
MANILA, Philippines — The Department of Justice has dismissed suspended Corrections chief Gerald Bantag’s motion to inhibit the department itself and the panel of prosecutors handling the murder cases he is facing over the killings of radio broadcaster Percy Lapid and alleged middleman, inmate Jun Villamor.
“Wherefore, premises considered, the instant motion is hereby denied for lack of merit,” the order dated January 17 and signed by the prosecution panel reads.
With this, the preliminary investigation into complaints against Bantag and his co-respondents will continue on January 24 with their submission of counter-affidavits.
Bantag has accused Justice Secretary Jesus Crispin “Boying” Remulla of “manifest partiality and bias” against him and claimed that an impartial preliminary investigation by DOJ prosecutors cannot be expected.
The suspended corrections chief also questioned the jurisdiction of the panel of prosecutors to conduct the preliminary investigation and argued that it should have been under the Office of the Ombudsman, since he serves as an undersecretary with Salary Grade 30.
The prosecution panel however pointed out that DOJ has shared or concurrent authority to investigate.
They also noted that petition for review of criminal cases and preliminary investigation are separate proceedings, and the former may be availed of by all parties in preliminary investigation cases where resolutions are approved by the prosecutor general, provincial prosecutor or city prosecutor.
The justice secretary does not participate in the preliminary investigation or approves the resolution, the resolution stated.
The panel also said that allegations of bias and partiality on them by reason that Remulla has supervision over the National Prosecution Service is “purely speculative.”
On Remulla’s statements to the media, the panel said these are reports to the public on what happened in the department and its attached agencies, including BuCor.
“There is no violation of respondent Bantag’s right to due process to be heard by an independent and impartial tribunal, as the Panel remains, and will continue to remain, independent and impartial in hearing these cases, more importantly in their resolution,” they added.
Other than the twin murder raps, Bantag has also been slapped with torture and serious physical injuries complaints.
The controversial corrections chief meanwhile turned the tables on Remulla and BuCor officer-in-charge Gen. Gregorio Catapang Jr. when he accused the two and several others of conspiracy in the killings of Lapid and Villamor before the Office of the Ombudsman.
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