MANILA — Embattled lawmaker Rep. Arnolfo Teves, Jr. did not appear at the last hearing of the Department of Justice’s probe on his involvement in the killing of Negros Oriental Roel Degamo.

• DOJ panel denies Teves’ motion to inhibit; gives him until July 17 to submit counteraffidavit

Instead, he was represented by 4 lawyers led by Ferdinand Topacio, who said they filed a motion to dismiss the multiple murder, frustrated murder and attempted murder complaints filed against their client.

In his 30-page motion, Teves cited the recantations of 10 suspects, who were among the 11 earlier charged in court also for killing Degamo and 9 other victims in Pamplona, Negros Oriental on March 4.

“The now repudiated extra-judicial statements of the Ten Accused have been rendered worthless as against Teves, Jr.,” he said, adding that because of this, “[n]o other evidence exists on the participation of Teves, Jr. in the subject crimes.”

Teves is accused of masterminding the killing, supposedly seen by some suspects talking to another alleged mastermind, Marvin Miranda, to orchestrate the assassination of the governor.

• Teves may return to Philippines if DOJ inhibits from Degamo slay case: lawyer

“Assuming without conceding na walang epekto yung recantation, even in their original statements wala pong matibay na ebidensya na nagtutuon kay Congressman Teves na siya ang pasimuno ng pagpatay kay Gov. Degamo. Lagi lang pong mga hearsay, laging sinasabi kaya alam kong si Cong. Teves nakita ko yung kanyang tarpaulin, at sabi ni Marvin, sabi ni ganito, sabi ni ganon. Yun lamang po ang basehan, wala pong direkta, hearsay, double hearsay, conjecture at guesswork lamang po,” Topacio told the media.

“Yun nga po yung kanilang statements na ‘yon ay un-counseled. Sinabi na nga po ng Korte Suprema na kapag uncounseled ‘yan, malakas ang elemento ng psychological manipulation or intimidation,” he added.

Aside from Teves, another suspect accused of flying a helicopter allegedly used in the escape of some Degamo suspects also filed his own motion to dismiss.

In his motion, the suspect said he was not in the place where Degamo was killed, did not participate in the execution, cover-up or conspiracy to assassinate the governor, and neither could he have conspired to kill Degamo after the fact of the killing.

His lawyer, Paris Real, challenged the credibility of the allegations against his client.

“Una, walang pinalipad na helicopter during the incident, March 4. Wala ring pinalipad na helicopter bringing yung supposedly 5 suspects 2 days after the incident… Ang capacity lang ng Bell helicopter is 5, maximum. So it’s highly impossible na nagpalipad siya ng helicopter using 505 Bell helicopter noong March 6,” he explained.

Another suspect, the only one who attended Monday’s probe, questioned why he was dragged in the complaint.

“Dahil lang sa isang pader, may nakitang vandal doon na…na pangalan ay sinampahan na siya ng kaso. Buti na lang hindi pangalan ko nandun. So sasampahan din pala ako pag nandun pangalan ko,” his lawyer Michael Mella told the media.

“Pangalawa, isa raw siyang security personnel ni Pryde Teves. Hindi nga kinasuhan dito si Pryde Teves. So in other words, mga maliliit na alegasyon na pinapalaki lang po para bigyan po ng kulay,” he added, referring to Teves’ brother, the former governor whom Degamo ousted in an electoral case.

But for the lawyer of Mayor Janice Degamo, Degamo’s widow who filed the complaint, Teves took a gamble by not filing his counter-affidavit.

“Of course it is prejudicial to them because as a general rule, a motion to dismiss is not allowed. They should have submitted a counter-affidavit. As to the matter of jurisdiction, we know that’s just a palusot,” lawyer Andrei Bon Tagum said.

“By not submitting a counter-affidavit, respondent Teves did not submit any evidence and also he is just deemed to submit the matter for consideration by the panel of prosecutors. Of course the panel of prosecutors will just rely on the evidence submitted by the NBI…and of course together with the affidavits of the witnesses including the earlier affidavits of extrajudicial confessions filed by the witnesses,” he added.

Also included among the evidence that the DOJ panel of prosecutors will have to weigh are the affidavits of recantations.

But Justice Secretary Jesus Crispin Remulla remains confident authorities have presented a strong case before the panel of prosecutors, despite the retractions.

“The recantations are looked upon with disfavor by the courts and even by the prosecution because we know it is human experience that tells us that recantations are an afterthought, after looking at the responsibility at what they have done,” he said.

• DOJ denies Rep. Teves' motion to inhibit

“Marami kaming ibang independent evidence. Don’t worry, you will find out later. We do not want to preempt these facts. We have to keep some of them as part of our legal strategy,” he continued.

Remulla disclosed on Monday that the suspects in the Degamo slay have now been transferred from the NBI detention facility to the Manila City Jail-Annex in Bicutan, Taguig.

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