Metro Manila (CNN Philippines, November 15) — The subpoena on suspended Bureau of Corrections (BuCor) chief Gerald Bantag, who is tagged as the alleged mastermind in the Percy Lapid killing, has been deemed served, a state prosecutor said on Tuesday.
CNN Philippines’ Kristel Limpot and Anjo Alimario contributed to this report.
Senior Assistant State Prosecutor Charlie Guhit said the subpoena was served in Bantag’s last known address in Caloocan. However, he said the barangay captain informed the subpoena server that the suspended official has no longer been staying there since he was appointed as BuCor chief.
Bantag’s lawyer said they are ready to receive the subpoena in Baguio City.
Asked if the Department of Justice (DOJ) will serve another writ there, Guhit told CNN Philippines, “The subpoena, insofar as the prosecution is concerned, is deemed served.”
The prosecutor said they also have no information on the whereabouts of Bantag in Baguio.
“The NBI (National Bureau of Investigation) and PNP (Philippine National Police) should inform the panel of prosecutors by way of manifestation or appropriate pleading about the new address of DG (Director General) Bantag before we issue another subpoena to DG Bantag,” Guhit added.
The subpoena states that Bantag is required to appear at the DOJ building in Manila on Nov. 23 and Dec. 5 in connection with the preliminary probe on Lapid’s murder.
He is also ordered to submit his counter-affidavits – as well as the affidavits of his witnesses, if any – to be sworn before the panel of prosecutors handling the case.
Failure to comply “shall be considered as waiver to present [his] defense in the preliminary investigation and the case shall be considered submitted for resolution,” based on the subpoena.
The writ was signed on Nov. 14 by the three-member panel of prosecutors, which includes Guhit, Deputy State Prosecutor Olivia Laroza-Torrevillas, and Senior Assistant Prosecutor Josie Christina Dugay.
Earlier, Bantag said he will not surrender even if an arrest warrant is issued against him as long as Justice Secretary Jesus Crispin Remulla remains in his position.
He also said, however, that he will participate in the preliminary investigation.
Probes by the Philippine National Police and the National Bureau of Investigation showed Bantag allegedly gave orders to BuCor Deputy Security Officer Ricardo Zulueta – who is also a suspect in the case – to have Lapid and alleged middleman Jun Villamor killed.
Bantag maintained his innocence and alleged it was Remulla who had an inmate contact other personalities involved in the case to carry out the murder of the journalist.
The DOJ in a statement said while it understands Bantag’s predicament, his words seem to come from a “misguided sense of betrayal.”
