Negros Oriental Rep. Teves seeks dismissal of murder raps citing ‘hearsay’
Negros Oriental Rep. Arnolfo Teves FILE PHOTO
MANILA, Philippines — Negros Oriental Rep. Arnolfo Teves Jr. on Monday asked the panel of prosecutors to dismiss the murder complaint against him for the death of Gov. Roel Degamo, saying all the pieces of evidence are “hearsay, double hearsay, conjectures and guesswork.”
Atty. Ferdinand Topacio said the case against his client should be dismissed “for utter lack of evidence to support a finding of probable cause.”
First, Topacio said all 10 confessed participants in the assassination of Degamo had recanted their testimonies.
The 10 accused claimed they were tortured by the authorities to admit participation in the killing of Degamo and nine others.
“With the recantations by the ten suspects of their earlier statements, which used to serve as the backbone of these cases, the rest of the evidence for the complainants miserably fail to establish probable cause,” read the motion.
Second, Topacio said testimonies of the 10 were all “hearsay, double hearsay, conjectures and guesswork” because all the accused have not provided any direct link to the lawmaker.
“In fact, none of them is sure that the alias “Boss,” “Boss Idol,” “Kalbo” with whom Marvin [Miranda, one of the alleged masterminds] allegedly talked in their presence is actually Teves Jr….his identity and actuations were not their personal knowledge but only heard or learned via another person or object,” the motion stated.
Topacio added that even the object evidence-the alleged safe house used by the suspects, the helicopter that was allegedly used by some suspects to escape, and the CCTV footage taken of the attack do not constitute evidence against Teves.
“In addition to the foregoing, there is indeed no proof whatsoever of the essential elements of inducement, command, force, contract, giving of a price or reward, or any form of excitation on the part of Teves that would make him an inducer for the perpetrators to commit the crime,” the motion said.
Lastly, it said there is an “absence of proof of specific overt acts of participation” imputed to Teves, therefore, a conspiracy theory will not stand to him.
Topacio said if Remulla remains true to his mandate to dispense justice, then he should order the prosecution panel to junk the case since it lacks not only a reasonable certainty of conviction but even a finding of probable cause.
“Alam nyo ha without meaning to be so bold kung talagang parehas o impartial ang sinuman at tingin namin talagang probable cause lang po wala ito let alone reasonable certainty of conviction,” Topacio added.
(You know, without meaning to be so bold, if anyone is truly fair or impartial, we believe this has no probable cause, let alone reasonable certainty of conviction.)
Still, Topacio said his client is preparing for the worst, meaning he will still be indicted by the panel of prosecutors from the Department of Justice (DOJ).
“He is hoping for the best but preparing for the worst sapagkat pinakikita namin sa kanya ang aming mga legal arguments, kumbinsido naman sya nakita naman nya yung soundness at sabi naman nya sana lang talagang i-consider, sana lang doj to look at it with fair and impartial eyes,” he said.
(He is hoping for the best but preparing for the worst because we are showing him our legal arguments, and he is convinced as he has seen the soundness of it, and he said he hopes that the Department of Justice (DOJ) will consider it, hoping they will look at it with fair and impartial eyes.)
Asked if Teves will return to the country anytime soon, Topacio said: “Sabi nya I’ll be back pero di pa sigurado kung kailan [He said he will return but not sure when],” he added.
Aside from Teves, the pilot who allegedly flew Teves’ helicopter also submitted a motion to dismiss the case, while Nigel Electona, chief security officer at the sugar mill compound operated by the HDJ Agri-Venture Corp., in which Teves is reportedly the president, submitted his counter-affidavit and supporting evidence.
Electona’s lawyer, Michael Melia said the accusations against his client were fabricated and the evidence planted.
The case is already up for resolution.
“The case is now being submitted for resolution on the basis of the evidence submitted by the [National Bureau of Investigation] and of course the other affidavits of the witnesses including the earlier extrajudicial confessions filed by the witnesses,” Atty. Andrei Bon Tagum, the counsel of Mayor Janice Degamo, said.
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