CA rejects Bantag bid to junk murder cases over Percy Lapid killing | ABS-CBN
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CA rejects Bantag bid to junk murder cases over Percy Lapid killing
CA rejects Bantag bid to junk murder cases over Percy Lapid killing
MANILA — The Court of Appeals has dismissed the petition for certiorari filed by former Bureau of Corrections chief Gerald Bantag for the dismissal of murder cases filed against him.
MANILA — The Court of Appeals has dismissed the petition for certiorari filed by former Bureau of Corrections chief Gerald Bantag for the dismissal of murder cases filed against him.
In the resolution promulgated by the 2nd Division, the appellate court dismissed outright the petition, citing the Manual for Prosecutors that petitions for certiorari shall be first coursed through the Office of the Prosecutor General for evaluation and approval prior to endorsement to the Office of the Solicitor General.
In the resolution promulgated by the 2nd Division, the appellate court dismissed outright the petition, citing the Manual for Prosecutors that petitions for certiorari shall be first coursed through the Office of the Prosecutor General for evaluation and approval prior to endorsement to the Office of the Solicitor General.
A petition for certiorari seeks a review of a decision of a lower office or court.
A petition for certiorari seeks a review of a decision of a lower office or court.
“The said procedure along with the non-conformity of the OSG on the filing of instant petition for certiorari calls for the outright dismissal of the petition,” the CA said in the resolution signed by Associate Justice Ronald Martin.
“The said procedure along with the non-conformity of the OSG on the filing of instant petition for certiorari calls for the outright dismissal of the petition,” the CA said in the resolution signed by Associate Justice Ronald Martin.
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Bantag, through his lawyer, filed the petition challenging the November 16, 2023 order of Las Piñas City Regional Trial Court Branch 254 which deying his motion to quash Information and warrant of arrest with prayer to suspend the implementation of the warrant.
Bantag, through his lawyer, filed the petition challenging the November 16, 2023 order of Las Piñas City Regional Trial Court Branch 254 which deying his motion to quash Information and warrant of arrest with prayer to suspend the implementation of the warrant.
In his motion to quash, Bantag had argued that the panel of prosecutors of the Department of Justice did not have the authority to file the Information, or complaint.
In his motion to quash, Bantag had argued that the panel of prosecutors of the Department of Justice did not have the authority to file the Information, or complaint.
He also said the RTC has no jurisdiction over the crime because he had the position ranked Salary Grade 30, which means the Sandiganbayan anti-graft court should have jurisdiction over the case.
He also said the RTC has no jurisdiction over the crime because he had the position ranked Salary Grade 30, which means the Sandiganbayan anti-graft court should have jurisdiction over the case.
“Significantly, the instant petition is an offshoot of a criminal case, the filing thereof needs the conformity of the OSG,” the CA said.
“Significantly, the instant petition is an offshoot of a criminal case, the filing thereof needs the conformity of the OSG,” the CA said.
Bantag has evaded arrest for allegedly masterminding the killing of broadcast journalist Percival “Percy Lapid” Mabasa in 2022.
Bantag has evaded arrest for allegedly masterminding the killing of broadcast journalist Percival “Percy Lapid” Mabasa in 2022.
In a tweet on X, Mabasa’s brother Roy Mabasa expressed disgust for the petition filed by Bantag even if the CA has dismissed the petition.
In a tweet on X, Mabasa’s brother Roy Mabasa expressed disgust for the petition filed by Bantag even if the CA has dismissed the petition.
“In short, the motion was merely a delaying tactic.... [S]aan ka pa pupunta?” Roy Mabasa said.
“In short, the motion was merely a delaying tactic.... [S]aan ka pa pupunta?” Roy Mabasa said.
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