The Philippine National Police (PNP) and the Department of the Interior and Local Government (DILG) should ensure that it has a solid case against the perpetrators of the killing of broadcast journalist Percy Lapid Mabasa, or more popularly known as Percy Lapid, Deputy Minority Leader Rep. Bernadette Herrera said on Tuesday, Oct. 18.
Commending both the PNP and DILG for the surrender of the self-confessed gunman, Joel Estorial, and the identification of the other perpetrators, the lawmaker pushed for the proper procedure to be followed to avoid the case being dismissed.
“Second, I do hope the alleged gunman has been accorded all his rights including being provided with legal counsel, or if he is unable to afford one, the Public Attorney’s Office (PAO) has sent legal counsel, and that any and all statements the suspect has given were done in the presence of legal counsel,” Herrera, a representative of the Bagong Henerasyon (BH) Party-list, said in a statement.
“All measures are absolutely necessary to make sure the criminal cases to be filed are solid and have higher chances of resulting in the conviction of all those responsible. We do not want cases dismissed just because the procedures were not followed or dismissed because of technicalities or because of the ‘fruit from the poisonous tree,’” Herrera added.
READ: Gunman in Percy Lapid killing now under police custody- Abalos
Noting that the “burden of proving the case” is on the PNP and prosecutors, the lawmaker hoped that the PNP “better get their facts right and have the gunman who actually shot the victim.”
“Their cases should be based on solid evidence, including testimony and forensic evidence, put together with honest-to-goodness investigative work,” the lawmaker added.
Her statement came after the PNP and DILG presented Estorial to the media on Tuesday after he surrendered due to fear for his life.
He pointed to three other suspects in the slaying of Mabasa in Las Piñas City on Oct. 3.
Mabasa was the host of a news radio commentary program “Lapid Fire" at DWBL 1242 and a columnist for Hataw.
READ: Why the gunman in Percy Lapid killing surrendered
Herrera said Mabasa’s case should push Congress to review how the government conducts its criminal investigations and the legislation of a new Criminal Code of the Philippines to replace the largely Spanish era Revised Penal Code.
She expressed willingness to work with Cagayan de Oro 2nd District Rep. Rufus Rodriguez, who authored and filed the Criminal Investigation Act (House Bill No. 5227) in the 18th Congress, as well as openness to sponsor the Philippine Code of Crimes proposed by the Department of Justice (DOJ) if Justice Secretary Jesus Crispin “Boying” Remulla would support its enactment.
“Together with the proposals to improve forensic pathology in our country, I also argue it is time to bring forward into the 21st Century our antiquated Spanish-era criminal justice legal orientation,” she furthered.