MANILA, Philippines — Suspended Rep. Arnolfo Teves Jr. (Negros Oriental) has asked the Department of Justice to dismiss the murder complaint filed against him over the brazen assassination of Gov. Roel Degamo.
Teves, through his legal counsel Ferdinand Topacio, on Monday filed a Motion to Dismiss citing “utter lack of evidence to support a finding of probable cause.”
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“All told, the accusations against Teves Jr. remain as bare allegations without proof,” the motion read.
Recantation, no other evidence
Teves’ legal team cited the recantation of the ten suspects in the assassination in their move for the dismissal of the complaint.
“A careful study of the complaint shows that the cases against Teves, Jr. are heavily anchored on these extra-judicial statements,” the motion also read, adding that the accusations against the suspended lawmaker have been “rendered worthless” following the recantation.
It also pointed out that the recantations were voluntarily made with assistance from their own counsel and before the statements were presented in court.
The Department of Justice earlier said the ten suspects pointed to Teves as the mastermind behind the crime, but they later withdrew their statements as the preliminary investigation into the multiple murder complaints against the Negros Oriental lawmaker proceeded.
Teves’ motion also argued that “[n]o other evidence exists on the participation of Teves Jr. in the subject crimes,” and if the recanted extrajudicial statements of the suspects are considered, these still “do not furnish sufficient evidence to sustain probable cause against Teves Jr.”
The motion also pointed out that none of the ten suspects stated personal knowledge of Teves Jr.’s participation, only that of a “Boss,” “Boss Idol,” or “Kalbo,” which they later found out may have been Teves.
The extrajudicial confessions are also hearsay and inadmissible in the preliminary investigation. These statements are also not corroborated by other evidence, it added.
The motion also raised that there is “no proof whatsoever of the essential elements of inducement, command, force, contract, giving of 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.”
Up for resolution
Lawyer Andrei Bon Tagum, counsel of Pamplona Mayor Janice Degamo, meanwhile said that the complaint has been submitted for resolution. The legal team of Teves has not filed a counter-affidavit—only the motion to dismisss.
“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,” he added.
Teves, citing fears for his life, has repeatedly refused to come home amid government investigations into his alleged involvement in the killing of Degamo. So far, no warrant of arrest has been issued against him.