DOJ panel denies Teves’ motion to inhibit; gives him until July 17 to submit counteraffidavit | ABS-CBN
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DOJ panel denies Teves’ motion to inhibit; gives him until July 17 to submit counteraffidavit
DOJ panel denies Teves’ motion to inhibit; gives him until July 17 to submit counteraffidavit
Mike Navallo,
ABS-CBN News
Published Jun 27, 2023 03:57 PM PHT
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Updated Jun 27, 2023 05:25 PM PHT
5 accused-witnesses affirm recantation
5 accused-witnesses affirm recantation
MANILA — A Department of Justice (DOJ) panel of prosecutors investigating the alleged involvement of suspended Rep. Arnolfo Teves, Jr. in the killing of Negros Oriental Governor Roel Degamo has denied the lawmaker’s motion to inhibit from handling the probe.
MANILA — A Department of Justice (DOJ) panel of prosecutors investigating the alleged involvement of suspended Rep. Arnolfo Teves, Jr. in the killing of Negros Oriental Governor Roel Degamo has denied the lawmaker’s motion to inhibit from handling the probe.
Lawyer Andres Manuel, one of Teves’ lawyers, told the media Tuesday that the panel insisted during the preliminary investigation hearing that it acted independently, despite accusations that prior media statements of Justice Secretary Jesus Crispin Remulla had cast doubt on the panel’s impartiality.
Lawyer Andres Manuel, one of Teves’ lawyers, told the media Tuesday that the panel insisted during the preliminary investigation hearing that it acted independently, despite accusations that prior media statements of Justice Secretary Jesus Crispin Remulla had cast doubt on the panel’s impartiality.
“Ang counter naman po namin kanina is ‘yun pong ating motion for inhibition hindi naman po nakatuon sa panel po lamang, kundi po sa buong Department of Justice na sa tingin po ni Cong. Teves ay hindi na po fair and impartial in hearing the case and cases against him,” Manuel explained.
“Ang counter naman po namin kanina is ‘yun pong ating motion for inhibition hindi naman po nakatuon sa panel po lamang, kundi po sa buong Department of Justice na sa tingin po ni Cong. Teves ay hindi na po fair and impartial in hearing the case and cases against him,” Manuel explained.
(Our argument against that is that the motion for inhibition was not directed at the panel but against the whole Department of Justice, which, in Congressman Teves’ view, is not fair and impartial in hearing the cases against him.)
(Our argument against that is that the motion for inhibition was not directed at the panel but against the whole Department of Justice, which, in Congressman Teves’ view, is not fair and impartial in hearing the cases against him.)
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In his motion filed on June 22, Teves argued prosecutors under Remulla could not be expected to go against his pronouncements as it is the Justice secretary who has the power to review resolutions of prosecutors and to supervise and discipline them, as well as promote or reassign them.
In his motion filed on June 22, Teves argued prosecutors under Remulla could not be expected to go against his pronouncements as it is the Justice secretary who has the power to review resolutions of prosecutors and to supervise and discipline them, as well as promote or reassign them.
He said the Office of the Ombudsman would be the better venue for the probe.
He said the Office of the Ombudsman would be the better venue for the probe.
“Hiningi na lang namin kanina na ilagay in writing ‘yung denial ng kanilang inhibition para makakuha kami ng official copy, ano ba ‘yung talagang eksaktong rason bakit nila dine-deny ‘yung motion for inhibition para nang sa ganoon makagawa kami ng kaukulang hakbang kung gusto namin magfile ng motion for reconsideration, we may do so or we may want to elevate it higher pwede din namin gawin,” Manuel said.
“Hiningi na lang namin kanina na ilagay in writing ‘yung denial ng kanilang inhibition para makakuha kami ng official copy, ano ba ‘yung talagang eksaktong rason bakit nila dine-deny ‘yung motion for inhibition para nang sa ganoon makagawa kami ng kaukulang hakbang kung gusto namin magfile ng motion for reconsideration, we may do so or we may want to elevate it higher pwede din namin gawin,” Manuel said.
(We just asked that the denial of the motion to inhibit be put in writing so we can get an official copy and be informed of the actual reasons for denying the motion for inhibition so that we can take the proper remedy — if we want to file a motion for reconsideration, we may do so or we may want to elevate it to a higher forum, we can also do that.)
(We just asked that the denial of the motion to inhibit be put in writing so we can get an official copy and be informed of the actual reasons for denying the motion for inhibition so that we can take the proper remedy — if we want to file a motion for reconsideration, we may do so or we may want to elevate it to a higher forum, we can also do that.)
The panel gave Teves until the afternoon of July 17 to submit his counteraffidavit.
The panel gave Teves until the afternoon of July 17 to submit his counteraffidavit.
Also set to submit their counteraffidavits on the same date are Teves’ other co-respondents who had not been previously tagged in the killing.
Also set to submit their counteraffidavits on the same date are Teves’ other co-respondents who had not been previously tagged in the killing.
It remains unclear how the 5 other names listed along with Teves in the complaint filed before the DOJ in May participated in the killing.
It remains unclear how the 5 other names listed along with Teves in the complaint filed before the DOJ in May participated in the killing.
Eleven individuals have previously been charged in court for murder over the Degamo slay.
Eleven individuals have previously been charged in court for murder over the Degamo slay.
FIVE SUSPECTS AFFIRM RECANTATIONS
Of the 11, 10 had executed affidavits of recantation, according to their lawyers.
Of the 11, 10 had executed affidavits of recantation, according to their lawyers.
During Tuesday’s preliminary investigation hearing, five were able to affirm their affidavits of recantation, according to their lawyer Russel Miraflor.
During Tuesday’s preliminary investigation hearing, five were able to affirm their affidavits of recantation, according to their lawyer Russel Miraflor.
These were: Rogelio Antipolo, Jr., Romel Pattaguan, Dahniel Lora, Osmundo Rivero and Joven Javier.
These were: Rogelio Antipolo, Jr., Romel Pattaguan, Dahniel Lora, Osmundo Rivero and Joven Javier.
Miraflor, who said he was hired by lawyer Danny Villanueva as co-counsel, said they also filed a motion to suppress evidence as a result of his clients’ recantations.
Miraflor, who said he was hired by lawyer Danny Villanueva as co-counsel, said they also filed a motion to suppress evidence as a result of his clients’ recantations.
“We believe that this forum has no more jurisdiction over them because they have already expressed their recantation. Aside from that, by jurisprudence, the prosecution can only continue prosecuting the case if the case is filed in court. At the prosecutorial level, there is no way na pwede pa nila gamitin previous affidavits ng aming clients,” he explained.
“We believe that this forum has no more jurisdiction over them because they have already expressed their recantation. Aside from that, by jurisprudence, the prosecution can only continue prosecuting the case if the case is filed in court. At the prosecutorial level, there is no way na pwede pa nila gamitin previous affidavits ng aming clients,” he explained.
Manuel, Teves’ lawyer, said the recantations of the 5 witnesses gives his client a “huge advantage.”
Manuel, Teves’ lawyer, said the recantations of the 5 witnesses gives his client a “huge advantage.”
“Insofar as the defense is concerned, malaki pong development ‘yun. Kasi kung titingnan n’yo po parang ay sa pagkakaintindi po namin base po sa mga news report, naka-angkla po ‘yung kaso laban kay Cong. Teves at sa iba pa doon sa mga statements nung mga tao na ito,” he said.
“Insofar as the defense is concerned, malaki pong development ‘yun. Kasi kung titingnan n’yo po parang ay sa pagkakaintindi po namin base po sa mga news report, naka-angkla po ‘yung kaso laban kay Cong. Teves at sa iba pa doon sa mga statements nung mga tao na ito,” he said.
(Insofar as the defense is concerned, that’s a big development. Because if you look at news reports, our understanding is that the case against Cong. Teves is anchored on the statements of these people.)
(Insofar as the defense is concerned, that’s a big development. Because if you look at news reports, our understanding is that the case against Cong. Teves is anchored on the statements of these people.)
“So it appears na nirecant na po nila, binabawi at pinapasinungalingan ano man ‘yung mga unang sinabi,” he added.
“So it appears na nirecant na po nila, binabawi at pinapasinungalingan ano man ‘yung mga unang sinabi,” he added.
(It appears that they recanted their statements — they’re withdrawing and belying whatever it is that they said earlier.)
(It appears that they recanted their statements — they’re withdrawing and belying whatever it is that they said earlier.)
Both Manuel and Miraflor said another hearing is scheduled on Monday, July 3, for the remaining 5 accused-witnesses to affirm their own affidavit of recantations.
Both Manuel and Miraflor said another hearing is scheduled on Monday, July 3, for the remaining 5 accused-witnesses to affirm their own affidavit of recantations.
A complainant is also set to affirm his affidavit against Teves on Monday.
A complainant is also set to affirm his affidavit against Teves on Monday.
Meanwhile, the NBI is expected to submit USBs and additional documents also on Monday.
Meanwhile, the NBI is expected to submit USBs and additional documents also on Monday.
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