DOJ denies Bantag's appeal, continues to probe complaints

The Department of Justice (DOJ) has maintained that it has jurisdiction to hear and decide on the criminal complaints filed against suspended Bureau of Corrections (BuCor) chief Gerald Bantag. 

Rocky Balisong, Bantag's legal counsel, said the DOJ panel of prosecutors denied their motion for reconsideration that sought to transfer the preliminary investigation into the murder complaints involving the killings of broadcaster Percy Lapid and inmate Jun Villamor to the Office of the Ombudsman.

"’Yung motion for reconsideration was denied (The motion for reconsideration was denied)," Balisong said in an ambush interview after the fourth hearing on Tuesday. 

Earlier this month, the DOJ said the complaints against Bantag do not fall within the exclusive original jurisdiction of the anti-graft court Sandiganbayan.

The prosecutors added that Bantag's claims of partiality and bias are "purely speculative," as the preliminary investigation is not under the control and supervision of Justice Secretary Jesus Crispin Remulla, whom Bantag had asked to resign for allegedly botching the probe into Lapid's death.

The next hearing was set for February 8. 

Asked if they would file a counter-affidavit by then, Balisong said they would avail of the "legal remedy that’s available to us."

Roy Mabasa, the brother of Lapid, hopes that Bantag will no longer file his counter-affidavit so that the DOJ panel can focus on resolving the complaints. 

"Sana’y hindi na sila sumagot para mas mabilis para sa amin at ito’y madesisyonan na rin ng panel kung meron pong probable cause doon po sa kaso," he said. 

(We hope that they will no longer file so that the proceedings will be faster and the panel can decide if there is probable cause in this case.)

Authorities had named Bantag as one of the individuals responsible for the deaths of Lapid and Villamor.

Lapid was shot dead in Las Piñas City on October 3, while Villamor died at the New Bilibid Prison.

An autopsy conducted by forensic pathologist Dr. Raquel Fortun indicated that the remains of Villamor had a "history of asphyxia by plastic bag suffocation." —VBL, GMA Integrated News