THE Department of Justice has issued a resolution maintaining that it has jurisdiction to conduct the preliminary investigation on the murder charges filed against suspended Bureau of Corrections Director General Gerald Bantag and several others in connection with the killings of veteran radio commentator Percival “Percy Lapid” Mabasa and inmate Jun Villamor, the alleged middleman in the case.
“There is no basis under the law and existing jurisprudence that would directly support the conclusion of respondent Bantag that the power of the Ombudsman with respect to the offenses charged under Section 15[1] of RA 6770 is exclusive to it,” it added. In the case of Bantag, the DOJ said while he occupies a position with a pay grade higher than Salary Grade 27, the murder cases against him do fall within the exclusive jurisdiction of the Sandiganbayan.
Balisong said the said provision of the Constitution gives the Ombudsman the power to investigate all cases committed by public officials. Bantag’s camp cited the recent pronouncements of Justice Secretary Jesus Crispin Remulla accusing the suspended BuCor official as the one who ordered the killing of Mabasa and Villamor.
It noted that all resolutions in preliminary investigation cases are only approved by the Prosecutor General, Provincial Prosecutor or City Prosecutor.
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