Suspended Bureau of Corrections (BuCor) Director General Gerald Q. Bantag, who is facing two complaints for murder before the Department of Justice (DOJ), may have dug himself into another hole.
After Bantag issued “foul remarks” against DOJ Secretary Jesus Crispin C. Remulla for scrapping a joint venture deal with a land developer, the justice secretary is now considering a probe into the transaction done in 2020.
“Pwede kong ipaaral ‘yan (I can have it looked into),” said Remulla on the deal during an interview over DZBB on Friday, Nov. 18.
He said that if there are violations, charges could be filed.
The joint venture deal referred to pertains to that executed between Bantag, for BuCor, and Atom, a private contractor.
Bantag said the deal with Atom is a “win win” agreement since the firm will donate a 234-hectare property in Nueva Ecija where the national penitentiary will be transferred in exchange for the development of the New Bilibid Prison (NBP) property.
He said that BuCor will also get 35 percent of the earnings in the development of the Bilibid property.
Earlier, Bantag said the excavation at the NBP reservation in Muntinlupa City is being done by Atom.
BuCor Officer-in-Charge Gregorio Pio P. Catapang Jr. said the excavation has no permits. Catapang did not reply to the question if the excavation is a escape tunnel.
Remulla said: “Ayoko na kasing pumunta roon e. Pero since it was brought up already e ‘di puntahan natin doon. Ipapaaral natin kung ‘yan ay proper ‘yung signing na ‘yan without the authority of the secretary of justice at that time (I don’t want to go there. But since it was brought up already, I will go there. I will have it studied if the signing of the agreement was proper without the authority of the justice 2020 when Solicitor General Menardo I. Guevarra was still justice secretary).”
He described the agreement signed by Bantag with the firm in 2020 as an “unenforceable contract.”
“Bale wala naman ‘yun e kasi nga wala naman authority sa secretary of justice at tsaka walang authority sa Pangulo ng Republika ng Pilipinas. It cannot be considered a valid contract kahit maghabol sila sa korte (The contract is nothing because it had no authority from the secretary of justice and the President of the Republic of the Philippines. It cannot be considered a valid contract even if they sue in court),” Remulla said.
“Sa akin kasi it was a scrap of paper from the very beginning dahil hindi talaga pupwede kasi nga iyan patrimonial property, pag-aari ho ‘yan ng taong bayan ng Republika ng Pilipinas (For me it was a scrap of paper from the very beginning because it is not allowed since that is a patrimonial property owned by the people of the republic),” he also said
He pointed out that the deal, even if it was an unsolicited proposal made by the firm, should have undergone public bidding as required under the law and should have gone through the Department of Finance (DOF) which is needed if an agreement involves government assets.
“It they wanted to make a proposal it should have been through the process given by our laws. E wala naman silang sinunod na batas tapos gusto nila papatulan ko (They did not follow the law and they wanted me to agree to that),” he said.
He explained that while the BuCor Modernization Act of 2013 provides autonomy to the bureau, Remulla reminded that the law has yet to have implementing rules and regulations.
“Ang gusto niya siya ang magde-decide ng stake ng lupa na pag-aari ng taong bayan (Bantag wanted to decide on his own the stake on the land that belongs to the people),” he said.
He also said he did some research on the agreement and found that former President Duterte had been invited by Bantag for the groundbreaking ceremony in 2020.
“Hindi pumayag ang PMS papuntahin si Pangulong Duterte sa groundbreaking ng Atom kasi nga walang legal basis (The Presidential Management Staff did not allow the President to go to the groundbreaking ceremony because it had no legal basis),” he revealed.
At the same time, Remulla said Bantag’s “name calling” against him was uncalled under the Code of Ethics implemented in the government and told the suspended BuCor official to refrain from doing so again.
“Actually, ayoko talagang patulan yung mga sinasabi niya kasi kung lahat ng sinabi niya pinatulan ko e di wala na akong nagawang trabaho ko (Actually I really don’t want to respond to all of what he is saying against me because had I done so, I could not have gotten any work done),” Remulla said.
“Isa lang sinabi ko tungkol sa mga sinasabi niya: talk is cheap. Harapin na lang niya ‘yung demanda, ang dami pa niyang sinabi (I have one thing to say to Bantag: talk is cheap. He should just face the charges against him),” he pointed out.
Bantag and several others have been charged in two murder complaints filed with DOJ for the killings of radio commentator Percival “Percy Lapid” C. Mabasa and Cristito Villamor Palana, an inmate at the NBP named as “middleman” by self-confessed gunman Joel S. Escorial in the slaying of the broadcaster last Oct. 3.
The preliminary investigation of the complaints will start on Nov. 23.
TAGS: #DOJ #Remulla #Bantag #Percy Lapid