DOJ: Recantation won’t affect case vs Teves
THREE more suspects in the March 4 attack that killed Negros Oriental governor Roel Degamo have withdrawn their statements linking Negros Oriental Rep.Arnolfo “Arnie” Teves to the crime, their lawyer said yesterday.
This brings to four the number of suspects in Degamo’s murder who have taken back their claim of having knowledge or participation in the attack allegedly masterminded by Teves and his right hand man, Marvin Miranda.
“Insofar as I am concerned, as I can only speak for my four clients. Our four clients have already executed an affidavit of recantation,” lawyer Danny Villanueva told ABS-CBN News Channel.
The four are Jhudiel Rivero aka Osmundo Rivero, Rommel Pattaguan, Rogelio Antipolo Jr., and Dahniel Lora.
Rivero’s recantation was reported Monday. In his recantation, Rivero said he was coerced and tortured by the police into pointing to Teves as the mastermind of the killing. This was denied yesterday by the PNP.
Rivero also said his counsel from the Public Attorney’s Office ordered him just to cooperate with the police, and promised him that he would be admitted to the government’s Witness Protection Program if he followed their instructions.
Villanueva said Antipolo Jr., whose affidavit was used by the Department of Justice to indict Miranda in the case, signed the affidavit only out of fear for his and his family’s safety.
“Mr. Antipolo denies having any knowledge about it (affidavit). So he can only surmise that this information comes from the police officers of Negros Oriental,” he said.
Villanueva said aside from Rivero, the three also recanted their statements linking Teves to the crime.
With this development, Villanueva expressed belief the DOJ has no solid case against Teves. “I think that only the statements of these alleged perpetrators is the basis of the Department of Justice in linking Teves to the alleged incident in Pamplona,” he said, referring to Pamplona town in Negros Oriental, where the attack took place.
Teves, who has yet to return to the Philippines due to fears for his safety, has denied involvement in the killing. He recently sought political asylum in Timor-Leste but was rejected by the authorities. Last week, charges of multiple murder and frustrated murder were filed against him before the DOJ in connection with Degamo’s killing.
NO EFFECT
Justice Secretary Jose Crispin Remulla, sought for comment on Villanueva’s disclosure, only said, “We are confident of our facts.”
Senior Deputy State Prosecutor Richard Anthony Fadullon said the recantation of the four suspects will not affect the case against Teves because the DOJ’s evidence is strong. He also questioned the timing of the recantation.
“There is more than enough evidence to see this case through hanggang sa katapusan (until the end),” he added.
Asked if the DOJ sees more recantations in the coming days, Fadullon said, “Some things can happen and I cannot speculate but I can assure you that there is more than enough evidence to pin down the accused for these cases.”
“We should also ask for the motive behind their recantation and the circumstances, why they did it and why the suddenness,” he said in Filipino.
Fadullon also said Rivero’s family is with the DOJ’s Witness Protection Program but declined to say what would happen to the family after the recantation.
Earlier, Remulla said some of the suspects have clammed up and refused to provide additional statements after getting the services of private lawyers.
PNP: NO TORTURE
The PNP belied Rivero’s torture allegation.
“Based on our investigation, we did not find evidence (to support) that accusation,” Brig. Gen. Redrico Maranan, chief of the PNP’s Public Information Office, told reporters in an interview at Camp Crame.
Rivero’s lawyer, Harold Montalbo, said his client was tortured by the police who arrested him into identifying Teves as the mastermind behind the killing of Degamo and the other victims.
Maranan said, “He has to present his own evidence, that is his allegation. An allegation is not an evidence. He has to substantiate his allegation.”
Maranan said the PNP upholds human rights and policemen are aware of Republic Act 9745 or the Anti-Torture Act of 2009 which imposes a maximum penalty of reclusion perpetua or 40 years of imprisonment to people found guilty of torture.
Maranan said the Special Investigation Task Group (STIG) Degamo did its job “properly and efficiently,” specifically in the conduct of the investigation.
In a statement, the PNP said: “As Degamo’s multiple murder case progresses, it is crucial to emphasize the unwavering commitment of the PNP to upholding human rights. We firmly believe that protecting and promoting human rights are fundamental principles that must be maintained in all our operations.”
It said the police force has taken “concrete steps” in the promotion and protection of human rights by establishing human rights desk in every police stations.
“While self-serving motives can influence testimonial evidence, our reliance on objective facts and forensic findings provides an unassailable foundation. We place paramount importance on ensuring that justice is served, and we will not allow any distractions or attempts to undermine the investigation’s integrity,” the PNP said.
It said the STIG Degamo “will persist in pursuing the truth with determination, striving to bring closure to the case and deliver justice for the victims and their grieving families.”
“The pursuit of justice, coupled with the protection of human rights, will remain our top priority, and we will leave no stone unturned in our quest for truth and accountability,” the PNP added.
‘ENCOURAGED’
Degamo’s widow, Pamplona town Mayor Janice Degamo, said she was not aware of the recantation of the three others but “we know they are being approached, they are being encouraged” by some people to also recant their statements.
Degamo also said Rivero’s recantation was brought about by manipulation from people from an “agency” but did not elaborate.
“That’s why we would like to know, or dig deeper into it,” she said.
Degamo said she was told by her lawyer not to worry about Rivero’s recantation, adding the suspect’s statement was full of “loopholes.”
The mayor expressed confidence they can still win the case. “We are holding on and we are always looking at the positive side that eventually the governor along with the others who died will really get the justice,” said Degamo.
NEW PENALTY
The House of Representatives will have to vote again on whatever disciplinary action the committee on ethics will recommend against Teves for his continuing refusal to return to the country despite the lapse of his 60-day suspension last Monday.
The ethics panel chaired by Rep. Felipe Espares (PL, COOP-NATCCO) convened yesterday and discussed possible recommendations for Teves’ continued absence without travel authority, the same reason he was suspended for 60 days in March.
Espares said the committee will have to meet again on Monday to finalize the recommendations against Teves but he refused to say if it includes expulsion, especially since Mayor Degamo has been calling for Teves’ removal as a member of the House.
He said the panel’s decision will be made known once the plenary discusses the issue on the floor on May 29.
While Espares disclosed that the panel has reiterated to Teves its call for him to return to the country to return to work and face the murder charges against him, he refused to reveal what the lawmaker said in his reply, saying it was “confidential.”
House sources, however, said Teves stressed his request to be allowed to speak before the committee to explain his side as the panel has not allowed him to do so virtually.
Espares said the panel will most likely stop its proceedings against the embattled lawmaker once he comes home.
He earlier said Teves’ attempt to apply for political asylum would greatly affect the panel’s decision in choosing which additional sanction will be imposed on him.
The panel has also rejected the letter of Mayor Janice seeking the Teves’ expulsion because it lacked “form and content” because it was not a sworn complaint.
The dismissal, however, does not stop the committee from eventually recommending to the plenary Teves’ dismissal. — With Victor Reyes and Wendell Vigilia
