Metro Manila (CNN Philippines, January 18) — The motion filed by suspended Bureau of Corrections chief Gerald Bantag to inhibit the Department of Justice from the investigation into the killing of broadcaster Percival “Percy Lapid” Mabasa has been denied.
The 17-page decision was made known Wednesday.
“No room for inhibition can be had in these cases,” the resolution said in part, adding that Bantag’s right to due process was not violated.
Bantag filed the motion in December, seeking to transfer the investigation from the DOJ to the Office to the Ombudsman. Justice Secretary Jesus Crispin “Boying” Remulla said the request is not possible.
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Speaking to media, DOJ spokesperson Mico Clavano said they received a copy of the resolution which said the jurisdiction “does lie with the DOJ.”
“There was an MOA, a memorandum of agreement between the DOJ and the Ombudsman whereby if the crime is a normal crime and not one of those crimes described dun sa jurisdiction ng Sandiganbayan, it does lie with DOJ primarily,” he said.
Clavano added that the preliminary hearing is set for Jan. 24.
“The prosecution is a completely different story because the discretion of the prosecution has to be left unimpeded,” he said. “So pag dumating na yung kaso sa prosecution, kailangan talaga mag-iba ng tono si SOJ. He cannot meddle, and he did not meddle also in the prosecution’s discretion.”
[Translation: The prosecution is a completely different story because the discretion of the prosecution has to be left unimpeded. When the case reaches the prosecution, the SOJ really has to change his tone. He cannot meddle, and he did not meddle also in the prosecution’s discretion.]
