6-7 suspects lawyered up: Remulla explains delay in filing murder raps vs Teves

New target for filing is on Wednesday

MANILA — Six to seven of the suspects in the killing of Negros Oriental Governor Roel Degamo have lawyered up and are no longer talking, Justice Secretary Jesus Crispin Remulla said Monday, explaining the delay in the filing of murder complaints against “main mastermind” suspended Rep. Arnolfo Teves, Jr.

Justice Sec Jesus Crispin Remulla says filing of murder complaints vs suspended Rep. Arnolfo Teves, Jr. delayed by 1 1/2 days. New target for filing with DOJ is on Wednesday.

Says prosecutors need to backtrack and check records. pic.twitter.com/a3RcDhHU2h

— Mike Navallo (@mikenavallo) May 15, 2023

“Meaning by ‘lawyered up,’ they were provided with lawyers by some people who are paying for their lawyers who were not there before and obviously, some people are interested in the statements that they want to give and now they don’t want to cooperate anymore with authorities,” the Justice chief explained to reporters, without identifying the suspects.

“That made us of course review everything that is there within our grasp. So that’s the reason why there is a bit of a delay but that will not stop us from filing the proper cases because the statements have been given much earlier, freely, with CCTV and cameras and in front of other witnesses and lawyers from the Public Attorney’s Office,” he added.

Remulla earlier said he hopes the NBI would be able to file the murder complaints either by Friday last week or today, Monday.

“Delayed ng 1 1/2 days. Most probably by Wednesday lunch time,” he told reporters of the new target date.

The Justice chief said the earlier statements of the suspects gave authorities “a very good picture” of what happened and were supposedly credible because they can be considered in legal parlance as “res gestae.”

“Res gestae” statements are spontaneous reactions or remarks made by the participants or the victims of, or the spectators to, a crime immediately before, during, or after its commission, that are credible because there is no opportunity yet to fabricate a false statement.

“These were remarks made freely or openly to investigators when they were in custody,” he said.

“The good thing here is they’ve already said everything prior to lawyering up. It’s a good thing that we already have their statements clearly said prior to everything else,” he continued.

Remulla, in April, revealed that 7-8 suspects under the custody of authorities have pointed to Teves’ involvement in the March 4 killing of Governor Degamo in his house in Pamplona, Negros Oriental, with 5 of the suspects allegedly seeing the lawmaker through a videocall with alleged co-mastermind Marvin Miranda.

• Remulla: 7-8 suspects point to Teves’ involvement in Degamo slay

Miranda was later indicted for multiple murder, frustrated murder and attempted murder charges over the killing of Degamo and 8 others.

• Alleged mastermind in Degamo slay faces multiple murder raps

A tenth victim died earlier this month.

• Newest death in Degamo bloodbath won't affect pending cases: DOJ

With the sudden non-cooperation of the suspects, Remulla said he expects them eventually to recant their allegations but he said he remains confident in the strength of their evidence.

“Some of them have refused to speak already and they have not issued another statement and we suspect that they will change their statements later on and may make recantation of sort. But we’re not afraid of that because everything was freely given and said in front of counsel and other people,” he said.

“There are no recantations yet. But we expect that to happen. It’s a tactic used by people who want to destroy their previous statements, citing several excuses but we expect these statements to hold out,” he added.

RECANTATIONS SIMILAR TO DE LIMA?

Remulla dismisses concerns that recantations by witnesses might later on lead to acquittal of the accused, similar to what happened to detained former Senator Leila de Lima.

The retraction of key witness, former BuCor OIC Rafael Ragos, ultimately created reasonable doubt that led to De Lima’s acquittal.

“The De Lima case is not the perfect case. I do not want to dwell too much on it. I don’t want to be a spoiled sport. I don’t want to criticize the judge. But jurisprudence is replete with statements that recantations are not looked upon with favor by the courts. This is an exception to the general rule, what happened to the De Lima case, where this was given a lot of faith by the court and I have no other comment,” he explained.

WHERE IS TEVES NOW?

Remulla said that with the expected filing of the murder complaints against Teves on Wednesday, DOJ prosecutors can proceed to subpoena him.

If he doesn’t show up and participate in the preliminary investigation, prosecutors can consider the complaints submitted for resolution, which might lead to the filing of murder and other charges in court.

Teves was last reported to be seeking asylum in Timor-Leste. His bid was denied and was given 5 days to leave the country.

Remulla did not directly answer if he is aware if the Timor-Leste government granted Teves’ appeal but expressed confidence the denial will stand.

“Tingin ko hindi nila ibibigay 'yun [political asylum]. Suntok sa buwan yun eh kasi wala naman political persecution. Ang kaso ho rito ay murder. Ang kaso ho dito ay terrorism,” he said.

The Justice secretary however noted Teves might still be in Southeast Asia.

“Malamang somewhere in the ASEAN kasi may visa-free entry pa naman ang lahat ng ASEAN passport holders. Meron pa siyang visa pa-US (United States) and (South) Korea. Di ko alam kung may iba pa siyang gustong puntahaang lugar habang lahat na ito ay nangyayari,” he said.

OTHERS INVOLVED

Aside from Teves, Remulla said they are eyeing filing of additional complaints against an unspecified number of accomplices and accessories in the Degamo killing.

But they are looking at filing other possible raps, including terrorism, against 3 to 4 individuals.

He also clarified earlier impressions that he has cleared Teves’ brother, deposed Negros Oriental Governor Pryde Henry Teves, from involvement in the Degamo killings and other possible cases.

“He will always be a part of the mix. He was never cleared of anything although he’s not yet been accused anything. Questions are being asked about that,” he said.

Eleven suspects have so far been charged in court over Degamo’s killing and the death and injury of several others.

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