The Department of Justice (DOJ) on Wednesday denied suspended Corrections chief Gerald Bantag's motion to transfer the investigation on two murder raps filed against him to the Office of the Ombudsman (OMB).
In the decision, the DOJ panel of prosecutors stated that it has jurisdiction to conduct the preliminary probe over Bantag's cases.
"When these cases for murder were filed by complainants against the respondents, including respondent Bantag, the authority, and jurisdiction of the DOJ, through the NPS [National Prosecution Service], to conduct preliminary investigation is to the exclusion of the OMB not only pursuant to the MOA but applicable jurisprudence relating to concurrent jurisdiction. The panel having acquired jurisdiction, it shall continue until these cases are terminated," the decision reads.
Bantag is facing murder charges for the death of radio broadcaster Percival 'Percy Lapid' Mabasa and alleged middleman Cristito ‘Jun’ Villamor.
On Dec. 12, Bantag and his camp attended the second preliminary probe on the slay cases but it was suspended due to the motion of inhibition they filed.
In the motion, the camp mentioned that they wanted to transfer the cases to the OMB because of the alleged control of DOJ Secretary Jesus Crispin 'Boying' Remulla on the DOJ panel.
The DOJ panel refuted this claim.
"The alleged bias and partiality of the panel is based on the wrong premise that the secretary takes part in the conduct of the preliminary investigation by the NPS. To put things in its right perspective, it is worthy to mention that preliminary investigation and petition for review of criminal cases before the DOJ are two independent procedures as provided by the rules of court and relevant issuances," it stated.
The DOJ panel of prosecutors will resume the probe on the Lapid and Villamor cases on January 24 at 2 pm.
