MANILA, Philippines — The prosecution panel has denied the motion for them to recuse from handling the preliminary investigation into murder complaints filed against suspended Rep. Arnolfo Teves Jr. (Negros Oriental) over the brazen assassination of Gov. Roel Degamo, a lawyer said Tuesday.
“The motion for inhibition was denied because for them, as a panel, they act independently,” lawyer Andres Manuel, one of Teves’ counsels, told reporters in Filipino.
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But the lawyer raised that their motion does not only cover the prosecution panel, but is also pushing for the recusal of the Department of Justice.
Manuel said they will be asking to have the denial put in writing so they can seek appropriate legal remedies.
Teves earlier asked the DOJ and the prosecution panel to inhibit 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, for DOJ, “for its continuation until its conclusion.”
The suspended lawmaker was given until July 17 to file his counter-affidavit, Manuel said.
The National Bureau of Investigation, which filed the complaint, will submit documents, as requested by the panel, on July 3.
Justice Secretary Jesus Crispin Remulla earlier stressed that a counter-affidavit cannot be filed while Teves is not in the country. The lawmaker, who has been refusing to come back to Manila, also cannot subscribe before Philippine embassies abroad, the justice secretary said.
"He has to come home or they will file the case in court and the warrant will be issued in absentia," Remulla said in May.
So far, ten of the 11 charged in court over the Degamo killing 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.