Sanction sought vs Degamo slay suspect’s lawyer

MANILA, Philippines — Justice Secretary Jesus Crispin Remulla has requested the Integrated Bar of the Philippines (IBP) to sanction a lawyer for “unethical and unscrupulous” actions in the so-called Pamplona massacre case.

Remulla said Danny Villanueva, the lawyer who assisted accused gunman Jhudiel Rivero in his habeas corpus case before the Manila Regional Trial Court, trifled with the judicial process and wasted the court’s time.

The Department of Justice (DOJ) chief explained that Villanueva filed the habeas corpus petition despite knowing that Rivero’s family had opted out of the witness protection program.

Rivero filed a petition last month claiming that his family was “unlawfully detained and deprived of their liberty” as they were under government custody.

“They  are simply delaying the case,” Remulla said.

He clarified he was not intimidating them, and the IBP needs to know all acts of misbehavior and unethical practices.

“They keep crying out about everything, but they’re delaying the cases. What purpose is there for us to want to delay the cases? We want to resolve these immediately. While what they’re doing is part of due process, when things like this happen, it’s not due process anymore but simply trying to delay the cases or trifle with the judicial system,” Remulla added.

Improper subpoenas

Meanwhile, the lawyer of suspended Negros Oriental Rep. Arnolfo Teves Jr. on Tuesday said the DOJ did not properly serve subpoenas for the preliminary investigation into the Pamplona massacre.

Ferdinand Topacio said he and his client, tagged as the mastermind behind then-governor Roel Degamo’s assassination last March, were accused by Justice Sec. Jesus Crispin Remulla of ignoring the subpoenas as they did not appear in court.

“There have already been there three cases so far where Mr. Teves’ counsels have appeared and have fully taken part in. That, Mr. Remulla cannot deny. And we have participated in the face of cockamamie threats from the secretary not to recognize us as lawyers of Teves, in spite of a catena of Supreme Court rulings that go against his stand,” Topacio said.

Remulla warned Teves and his legal team on Tuesday that the DOJ would be forced to end the preliminary investigation and take the case to court if no one appeared at the next preliminary investigation, scheduled on June 27.

“It is thus strange that now Remulla, after unjustifiably casting doubts on our authority to represent Rep. Teves, is now wondering why we were absent. Ano ba talaga, kuya? Lahat nahihilo na sa iyo. Whatever it is you are taking, please stop it,” Topacio added, urging the justice chief to stop giving them the runaround.

Meanwhile, lawyers of the 10 gunmen allegedly involved in the massacre are questioning the unauthorized appearance of their clients at Tuesday’s proceeding, saying they were taken out of custody without the knowledge of their lawyers and approval from the court.

Lawyers Florian Banabana and John Harold Montalbo said they filed a motion before the Manila Regional Trial Court to inform the judge that their clients were taken out of the National Bureau of Investigation (NBI)’s detention facility.

“(We requested) that the responsible officers of NBI be directed to explain why they should not be cited in contempt for their illegal action,” they said.

Remulla, in response, said “we have no duty to inform them.”

“We cannot presume that lawyers in legal proceedings will be the same lawyers here. There is no presumption. The accused will be informed. That’s what the law says. We sent subpoenas to the accused’s last known address,” he said.