Gerald Bantag
MANILA, Philippines — The Department of Justice (DOJ) has approved the serving of subpoenas ordering suspended Bureau of Corrections (BuCor) chief Gerald Bantag and an aide to attend starting next week the formal investigation proceedings into the murders of broadcaster Percival “Percy Lapid” Mabasa and New Bilibid Prison inmate and alleged conspirator Cristito “Jun Villamor” Palaña.
Prosecutor General Benedicto Malcontento said the subpoenas have been prepared ordering Bantag, former BuCor deputy security officer Ricardo Zulueta, and 10 inmates to appear before the DOJ panel of prosecutors on Nov. 23 at 9 a.m. and on Dec. 5 at 1 p.m. for the preliminary investigation.
“It was readied for release, (I) instructed as soon as possible,” Malcontento told reporters on Monday afternoon.
However, DOJ spokesperson and Assistant Secretary Mico Clavano said the subpoenas had not been released.
Facing charges
They have to be served in the last known address of the respondents as notice that they have been charged and must undergo criminal investigation in the DOJ.
“We have an accredited courier that will give the subpoenas to their last known addresses,” Clavano said.
Asked if the subpoena would be delivered to Bantag’s address in Baguio City, he replied: “I think that as soon as the subpoena is released, it already serves as a notice to the whole world that [it’s] out. So it’s up to them if they really want us to serve it there.”
Zulueta has reportedly gone into hiding, according to investigators.
Bantag, on the other hand, said he had no intention of surrendering unless Justice Secretary Jesus Crispin Remulla resigns from his post.
“Definitely I will face the charges… but if (Remulla) will not step down, then I will not surrender even if I have a warrant (of arrest),” he said in an interview with CNN Philippines on Monday.
Philippine National Police chief Gen. Rodolfo Azurin Jr. said Bantag should just answer the charges against him in court and not through the media.
“I think it’s better if he will respond to the charges in court. This should not be done in the media. It’s unhealthy,” Azurin said in a press briefing.
Consolidated case
During the preliminary investigation, the respondents submit their counter-affidavits in response to the charges against them.
The prosecutors will then decide whether to charge and prosecute the respondents in court.
Malcontento said the preliminary investigation hearing would cover the consolidated cases of the murders of Mabasa on Oct. 3 and of Palaña on Oct. 18.
The two cases have been consolidated with an earlier case on the first set of suspects in the Mabasa killing. The first list of suspects included confessed gunman Joel Escorial, his three cohorts who are all at large, and inmate Christopher Bacoto, whom Escorial identified as one of the middlemen (along with Palaña) acting on orders of the suspected mastermind.
Mabasa, a hard-hitting radio and online commentator known by his broadcast name Percy Lapid, was gunned down on Oct. 3 by two men on a motorcycle near the gate of the Las Piñas City subdivision where he lived.
Palaña died on Oct. 18, a few hours after being implicated by the confessed gunman in a media conference arranged by authorities.
NBI medicolegal experts found “no apparent external injuries” on Palaña’s body thereby implying natural causes for the death.
But Remulla and the Mabasa family asked Dr. Raquel Fortun to conduct a second autopsy. Fortun confirmed the NBI report that there was no “significant injury” in the internal or external parts of Palaña’s body, but she asserted that his death was not triggered by natural causes but by asphyxia or suffocation likely by a plastic bag placed over the victim’s head.
Bantag and Zulueta were tagged as masterminds in the murders. A complaint for two counts of murder was filed by the National Bureau of Investigation and the PNP against them in the DOJ.
A prisoner from Iwahig Prison and Penal Farm in Palawan, Denver Mayores, was also charged along with three Bilibid prison gang leaders identified as Alvin Labra, Aldrin Galicia and Alfie Peñaredonda, who are now all under NBI custody.
Six prisoners were additionally charged for Palaña’s death, namely Joseph Georfo, Mario Alvarez, Christam Ramac, Ricky Salgado, Ronnie dela Cruz, and Joel Reyes.