The camp of suspended Bureau of Corrections (BuCor) chief Gerald Bantag on Monday revealed that they will seek the inhibition of Department of Justice (DOJ) prosecutors from handling the preliminary investigation into the deaths of broadcaster Percy Lapid and middleman Jun Villamor.
Atty. Rocky Balisong, counsel of Bantag, pointed out that the Office of the Ombudsman, not the DOJ, has the exclusive jurisdiction over the hugely-controversial death case inasmuch as the suspended prison chief’s salary grade for his position is 30.
“So we will be filing ‘yung motion for inhibition para maalis sa DOJ ‘yung preliminary investigation because of two grounds: First is, lack of jurisdiction because sa amin, it is within the jurisdiction of the Ombudsman.
” Why? Because it is falls within the jurisdiction of the Sandiganbayan Salary Grade 30 si General Bantag. So under the law, all offenses na kinomit ng mga public officials salary grade 27 and above should fall within the jurisdiction of the Sandiganbayan. Therefore, the preliminary investigation should fall under the jurisdiction of the Ombudsman, ” Balisong told reporters during a chance interview at the DOJ compound in Manila.
While the DOJ has already started the preliminary investigation, Balisong said the Ombudsman can still take over the proceedings at any stage or time.
” Ombudsman has jurisdiction to investigate all offenses committed by public officials which appears to be illegal, unofficial, and corrupt practices so it does not make any distinction whether the case falls under the jurisdiction of the Sandiganbayan or the regular courts, ” Balisong said.
However, he disclosed that Bantag will still file his counter-affidavit before the DOJ” in case government prosecutors deny the motion for inhibition.”
“.. kung hindi iga-grant ng DOJ ‘yung motion for inhibition natin at least naka file na tayo partially ng counter-affidavit. But we have to caution ourself baka mag ask rin kami ng extension ng file kasi nag requset kami ng documents actually.”
” We have to show to the investigating panel that we are ready also to submit our partial counter affidavit,” Balisong said. (Jaymel Manuel)
