MANILA, Philippines — Suspended Rep. Arnolfo Teves Jr. (Negros Oriental) has sought the inhibition of the Department of Justice and prosecution panel handling the criminal complaints filed against him over the brazen assassination of Governor Roel Degamo, where nine others were killed and more than a dozen were hurt.
Conducting preliminary investigations, which determine if complaints should progress into court cases, is a task for prosecutors under the DOJ.
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Teves, through his lawyer Ferdinand Topacio, on Thursday filed an Urgent Motion to Inhibit, asking the DOJ and the prosecution panel to recuse from proceeding with the ongoing preliminary investigation.
Teves, accused of being the mastermind of the assassination, also asked that the conduct of the investigation be transferred to the Office of the Ombudsman, from the Department of Justice, “for its continuation until its conclusion.”
He said this is to ensure that he will “have an impartial tribunal to determine the existence of probable cause and assure that his constitutional right to due process is properly observed.”
Teves is facing multiple murder, multiple frustrated murder and multiple attempted murder complaints, in connection to the Degamo assassination in March, before the DOJ.
Remulla’s statements
In moving for the inhibition of the DOJ and the prosecution panel, Teves cited public pronouncements of Justice Secretary Jesus Crispin Remulla naming the suspended lawmaker as the mastermind behind the crime.
“As an inevitable consequence, fair play demands that this [DOJ] which he heads, and the present panel under it, inhibit itself from conducting the present preliminary investigation as it has lost the qualification of an impartial tribunal as required by the constitution, and defer to another investigative body that can better serve the ends of justice by providing an even hand and a fair eye to the proceedings, such as the Ombudsman,” the motion further read.
The suspended lawmaker also said that even before the National Bureau of Investigation has filed the complaint, Remulla “has adjudged Teves Jr. as guilty, without affording him a chance to be heard.”
Teves said that since Remulla, who has the power to review the prosecution panel’s resolution, has been firm in claiming that he masterminded the crime, “no prosecutor under the [DOJ] can confidently and honestly say that they can resolve this preliminary investigation with fairness, impartiality, independence and integrity as demanded by law and jurisprudence.”
“This panel of prosecutors should inhibit themselves from hearing this case as it is clearly an act of injustice which violates the constitutional right of Teves Jr. to due process,” the motion further read.
Remulla has yet to give a statement on the filing.
Teves continues to refuse to come home, citing fears for his safety. He was slapped with another 60-day suspension from the House of Representatives due to his continued absence.
Meanwhile, witness-suspects in the Degamo slay have retracted their testimonies, including their allegation that Teves was the mastermind of the assassination. Remulla however has expressed confidence that the cases against them will stand in court.