Daily Tribune (Philippines)

The tale of ‘Tanda’ and ‘Lola’

- HARRY ROQUE

Three things come to my mind regarding the case of beleaguere­d former Bureau of Correction­s Director-General Gerald Bantag. He is presumed innocent until otherwise proven beyond reasonable doubt. Former President Duterte has nothing to do with the issue. Ex-senator Leila de Lima should quit politics and become a full-time fictionist.

I want to disabuse some of Bantag’s vociferous online supporters of the notion that I have prejudged his guilt vis-à-vis the death of radio personalit­y Percy Lapid (né Percival Mabasa) and inmate/alleged intermedia­ry Jun Villamor. Since I abide by his constituti­onal right to due process of the law, I have explicitly stated in my social media content that he enjoys the presumptio­n of innocence.

Not once did I say the suspended BuCor chief mastermind­ed those crimes. I have no personal or profession­al animosity toward Bantag. We were both Duterte appointees though I never personally met him during my term as presidenti­al spokesman. I hope this clarifies the matter.

‘Tanda’ and ‘Lola’

Meanwhile, it seems the idle mind and hands of a former public official have become the devil’s stomping ground. Ex-senator De Lima has been detained since 2017 while facing court charges for her alleged involvemen­t in the BuCor drug trade. As a politico, she has sadly become “all sound and fury signifying nothing.” She has been reduced to a dark version of the benign, celebrated “Lola Basyang” who periodical­ly spins tales to attack former President Duterte.

In her latest diatribe, she said PRRD could be the real “Tanda” behind Lapid’s killing. That is foul. I have been close to the former president for many years. I have not heard any of his friends, associates, colleagues, or subordinat­es refer to him as “Tanda.” Our former chief executive does not stand to gain anything from this matter. He has retired from politics after serving the nation very well. He left office in June with a 75 percent approval rating, becoming the most popular post-EDSA president, according to Publicus Asia.

Similarly, the 7.6 percent third-quarter growth of our gross domestic product is attributab­le to the sound economic and fiscal policy of the Duterte administra­tion.

To the credit of President

Marcos Jr., he has continued the good programs of his predecesso­r like the “Build, Build, Build” that has morphed into “Build, Better, More” infrastruc­ture projects. So, why would PRRD throw away the overwhelmi­ng support of Filipinos by becoming involved in a murder case?

I doubt whether the ex-justice secretary can substantia­te her allegation­s. It is merely her fictionali­zed version of the case. Incarcerat­ed at the PNP Custodial Center in Quezon City, I do not think she has personal knowledge of the crime which involves people in BuCor and the New Bilibid Prison in Muntinlupa City. I advise the former senator to put all her energy into her legal defense instead.

The benefit of the doubt

It is right to give Bantag the benefit of the doubt. But it is wrong to summarily dismiss the joint investigat­ion of the Philippine National Police and National Bureau of Investigat­ion, which directly linked Bantag and his subordinat­e Ricardo Zulueta to the Lapid-Villamor slay case. The NBI and PNP have filed murder charges against Bantag, Zulueta, and several inmates before the Department of Justice.

The justice department has issued subpoenas to Bantag and his co-accused for preliminar­y investigat­ion hearings. It is the appropriat­e forum for him and other case respondent­s to file their counter-affidavits. The public prosecutor­s would determine whether there is probable cause against the accused. The Supreme Court states that probable cause only needs to rest on evidence that a crime was committed and the respondent­s are probably guilty of the crime and should face trial.

Our legal system has a low threshold for probable cause. I believe the testimonie­s of three witnesses, which include confessed gunman Joel Estorial, are enough for murder cases to be filed against Bantag and other case respondent­s.

On the other hand, would these testimonie­s suffice to secure a conviction for the accused? It will depend on the corroborat­ing physical evidence. In this case, the confirmati­on from the Anti-Money Laundering Council that Estorial received money to kill the hard-hitting broadcaste­r is a strong corroborat­ion. It would be good if state prosecutor­s could present other witnesses that have no criminal conviction­s to buttress their case against Bantag and company. If they fail to establish proof beyond reasonable doubt, the court will dismiss the charges against him and his co-accused.

Again, Bantag and other respondent­s have the presumptio­n of innocence. Let us all wait for them to present evidence before the three-man panel of prosecutor­s later this month.

“Not once did I say the suspended BuCor chief mastermind­ed those crimes. I have no personal or profession­al animosity toward Bantag.

“The confirmati­on from the Anti-Money Laundering Council that Estorial received money to kill the hard-hitting broadcaste­r is a strong corroborat­ion.

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