MANILA, Philippines –Public defenders will no longer assist in the extra-judicial confession of arrested persons or persons deprived of liberty (PDL) following a memorandum issued by the Public Attorney’s Office (PAO)
The order was issued following incidents where the accused issues extra-judicial confessions to become government witnesses but later recanted their testimonies.
Rafael Ragos, one of the government’s lead witnesses in the drug case against former senator Leila de Lima recanted his testimony.
He said he was threatened to pin the former senator in the illegal drug trade inside the New Bilibid Prison. His recantation led to de Lima’s acquittal.
One of the lawyers from the Public Attorney’s Office (PAO) was dragged into the controversy as among those present when Ragos was threatened to sign an already prepared affidavit.
In a more recent case, Jhudiel Rivero, or Osmundo Rivero issued an extra-judicial confession admitting that he was part of the group that killed Negros Oriental Gov. Roel Degamo. He identified suspended lawmaker Arnolfo Teves Jr. as the mastermind.
He later submitted a counter-affidavit before the Department of Justice (DOJ) denying his previous confession, saying he was tortured to sign the affidavit.
He mentioned that the present PAO lawyer even told him just to follow the authorities so that he would not get hurt anymore.
“This order is being issued to avoid conflict of interest in case the PAO will be later on assigned by the court as counsel de officio for the accused in the same case,” read the Memorandum Circular dated May 22.
“This is likewise to protect the Office from being used and abused by unscrupulous and evil-minded persons who intend to mislead investigators or to avoid culpability. Ultimately, this order is being issued to preserve the integrity and dignity of the Office,” the Memorandum further stated.
All requests for legal assistance of any suspected person in connection with the preparation, explanation, and execution, including administration of oaths of any extra-judicial confessions, will be endorsed to the Philippine National Police (PNP), National Bureau of Investigation (NBI), and other law enforcement agencies.
“If a person desiring to execute an extra-judicial confession cannot afford the services of his own counsel, said person shall be advised that he/she can be provided with a competent and independent counsel by the investigating officer pursuant to Section 2 of Republic Act 7438 (Act defining certain rights of persons arrested, detained or under custodial investigation),” read the memorandum.