Suspended Bureau of Corrections (BuCor) Director General Gerald Q. Bantag on Monday, Nov. 21, received his subpoena to answer the two murder charges filed against him for the deaths of radio commentator Percival “Percy Lapid” C. Mabasa and inmate Cristito Villamor Palana, the alleged middleman in the killing of the broadcaster last Oct. 3.
Bantag received his subpoena through his lawyer, Rocky Balisong, who went to the Department of Justice (DOJ) to get the summon.
The DOJ will start on Wednesday, Nov. 23, the preliminary investigation of the two murder charges against Bantag and several other respondents.
The two murder complaints filed last Nov. 7 were consolidated with the first murder charge filed last Oct. 18 against self-confessed gunman Joel S. Escorial and four of his alleged accomplices.
Balisong told journalists that Bantag wanted to come with him to get the subpoena from the DOJ.
“Kahapon sinabi niya gustong gusto niya sumama. But we told him kahit hindi na. Kukunin lang naman subpoena. We are armed with a special power of attorney naman (Yesterday, he told us that he wanted to come. But we told him that it is not necessary. We will just get the subpoena. Besides, we are armed with a special power of attorney),” the lawyer said.
Balisong then refuted the claim of the panel of prosecutors. which will conduct the preliminary investigation, that the subpoena sent to Bantag’s last known address in Caloocan City but was not received by anyone or entrusted to anyone was considered served.
When Bantag was appointed head of BuCor in 2019, he stopped residing at his Caloocan City residence. This was confirmed by Bantag.
Balisong said he decided not to wait any longer for the subpoena to be served where Bantag is currently residing as he pointed out that “our client is ready to answer all the allegations against him.”
He said he will submit to the panel on Wednesday a manifestation requesting for additional time to submit Bantag’s counter-affidavit.
“Ang nakalagay doon sa subpoena kasi 10 days from receipt to submit your counter-affidavit (The subpoena indicates that the submission of the counter-affidavit is 10 days from the receipt of the subpoena),” he explained.
He said he will study if there will be a need to seek an extension for the submission of the counter-affidavit.
“It will all depend on the assessment of the complaint and its attachments,” he also said.
At the same time, Balisong said it is uncertain if Bantag will be present during Wednesday’s hearing or on the day the counter-affidavit will be submitted.
“Kung magsa-submit kami ng counter-affidavit and the panel requires that it should be subscribed before them then isasama namin siya. Pero titingnan namin kung pwede naman ipa-subscribe sa other prosecutors like Baguio City prosecutors then siguro hindi na kailangan na sumama (If the panel requires that Bantag subscribes or swears before them the contents of the counter-affidavit then we will bring him along. But if it can be subscribed before other prosecutors like those in Baguio City then it might not be necessary for him to appear before the panel),” he explained.
TAGS: #DOJ #Bantag #Percy Lapid