THE Department of Justice (DOJ) is looking into what possible charges can be filed against suspended Bureau of Corrections chief (BuCor) director general Gerald Bantag in connection with the excavation of a supposed “swimming pool” inside the New Bilibid Prison compound.
Justice Secretary Crispin Remulla said he has tapped his legal team to “study all possible cases.”
“Definitely may damage sa government ‘yung hukay na ‘yan. Para ma-fillup mo ulit will cost us a lot of money, a lot of time. (There is definitely damage done to the government because of that excavation. It will cost us a lot of money, a lot of time to fill it up again. So, definitely there’s damage already),” Remulla said in a press conference.
The justice secretary was referring to the digging discovered inside the NBP, which Bantag said was for the construction of the “deepest” swimming pool in Metro Manila and which is supposedly intended for scuba diving and water rescue training for BuCor officers.
Bantag said the construction was funded by private firm Agua Tierra Oro Mina Development (ATOM) Corporation under a joint venture agreement.
Under the agreement, ATOM donated a 234-hectare land in General Tinio, Nueva Ecija where a new BuCor prison facility will be put up to house more than 28,000 inmates from the NBP and Correctional Institute for Women.
Bantag has said that the new prison will then be constructed at no cost to the BuCor while the old NBP site will be converted into a commercial, residential and industrial site. The two parties have agreed to a revenue sharing of 65 percent for ATOM and 35 percent for BuCor.
Remulla has dismissed Bantag’s claim and said Bantag’s group was allegedly actually searching for the Yamashita treasure said to be buried at the prison compound.
Remulla said building a “giant swimming pool” inside the NBP compound “is not in the budget of BuCor, therefore making it illegal.”
“So, whether or not, we don’t know where this project is coming from, who’s funding it.
And if there’s any fund, if there’s any joint venture of BuCor, it has to be told to the DOJ kung meron silang ginagawa di ba (if they are doing something there, isn’t it?) We will have our staff study all the possible violations of the law that happened,” he said.
Remulla said there should have been no problem regarding the excavation if Bantag observed the proper processes in carrying out the project.
“Kung hindi na niya pinursue and he first submitted it to the president at the time, President Duterte, if he went to the process under the BOT (Build-Operate-Transfer) law, wala sanang problema (If only he had first submitted the project for approval of the president, at the time President Duterte, if he observed proper processes under the BOT law, there should be no problem),” he said.
“Pero mukhang the idea was really to pursue it with or without permission under their own legal theory about how powerful or what the mandate of the BuCor is. Remember there’s a BuCor modernization law, giving it corporate powers, but of course, all of these are subject to limitations because they’re also under national laws, like the BOT Law,” he added.
Remulla said it was clear that the law was violated since there was no public bidding.
COA AUDIT
In a separate interview with Teleradyo, Remulla said acting BuCor chief Gregorio Catapang has formally requested the Commission on Audit to audit the issues hounding the bureau.
“May request letter na si acting Director General Gregorio Catapang sa bagay na ito at basta nakuha ng COA yan at gagawa na sila ng special audit team para tignan itong mga nangyayaring ito (Catapang already sent a request letter and once received by the COA, it will form a special audit team which will look into what’s going on there),” he said.
He said even former justice secretary Menardo Guevarra, who is now the Solicitor General, had rejected the excavation project alibi, adding that Duterte did not attend its groundbreaking ceremony after the Presidential Management Staff learned that it had no permits or clearances.
SUBPOENA
Meanwhile, the camp of Bantag on Monday said it has received the two subpoenas issued by the DOJ in relation with the killings of mediaman Percy Lapid and middleman Jun Villamor.
Lawyer Rocky Balisong, Bantag’s legal counsel, personally went to the DOJ to accept the subpoena on behalf of his client even as he said that they will see if Bantag will be allowed to miss the hearing scheduled on Wednesday, November 23.
“Depende kasi sa mangyayari sa Wednesday. Kung magsa-submit kami ng counter-affidavit and the panel requires that it should be subscribed before them then isasama namin siya (It depends what will happen on Wednesday. If we will submit a counter-affidavit and the panel requires that it should be subscribed before them then we will bring him),” Balisong said.
He said if the counter-affidavit can be subscribed before other prosecutors, then they will not ask Bantag to join them.
He added that Bantag is “very ready” to face the investigation.
Balisong said his client did not receive any subpoena at his given address in Caloocan City even as Senior Assistant State Prosecutor Charlie Guhit earlier said that it was deemed served on the suspended BuCr chief in his last known address.
