THE camp of suspended Negros Oriental Rep. Arnolfo “Arnie” Teves Jr. yesterday asked state prosecutors to inhibit from handling the preliminary investigation on the lawmaker over the March 4 killing of Negros Oriental Gov. Roel Degamo.
In a 14-page urgent motion to inhibit, Teves though counsel Ferdinand Topacio also said the preliminary investigation should be handled instead by the Office of the Ombudsman.
The motion alleged that media statements of Justice Secretary Jesus Crispin Remulla showed he has prejudged the lawmaker’s guilt and violated his right to due process.
“Unfortunately, in this case, no prosecutor under the Department of Justice can confidently and honestly say that they can resolve this preliminary investigation with fairness, impartiality, independence, and integrity as demanded by law and jurisprudence,” the urgent motion read.
“This is primarily because their boss, the Secretary of Justice, has been firm in claiming that Teves Jr. is the mastermind in the death of Gov. Degamo, even prior to the filing of this case,” it added.
Sought for comment, Remulla only said, “We are not judges.”
The motion said that even before the National Bureau of Investigation concluded its probe on Degamo’s killing, Remulla has adjudged the suspended lawmaker guilty without giving him the chance to rebut his accusations.
“News reports have quoted Secretary Remulla, and he has been seen in live interviews, making such unfounded and unnecessary comments against Teves Jr. and his participation in the case, as well as prejudging the outcome of the case,” it said.
“It is alarming that Secretary Remulla, as the head of the Department of Justice who has the power of supervision of all its prosecutors, and who will ultimately resolve this preliminary investigation when it reaches an appeal under his appellate jurisdiction, has not been shy to parade his utmost bias against Teves Jr. He has presumed his guilt, rather than his innocence, without due process, and worse, publicly. As such, the predisposition of Secretary Remulla is apparent. He will not entertain any witness if it will not lead to the conclusion that Teves Jr. is the mastermind,” it added.
The motion also said Teves was deprived of fairness after Remulla “displayed sympathy and affection” for Degamo’s widow, Pamplona town Mayor Janice Degamo.
In saying that the preliminary investigation should be handled instead by the Office of the Ombudsman, the motion said it will “ensure that Teves Jr. shall have an impartial tribunal to determine the existence of probable cause and assure that his constitutional right to due process is properly observed.
Topacio said if another government agency takes over the preliminary investigation of the case, Teves may return to the country.
He said the suspended lawmaker is reluctant to come home because of the alleged bias against him, aside from alleged threats to his life.
“Since the very beginning, the Secretary of the DOJ has been accusing no one but Teves, Teves, Teves. After a month, he claimed the case is already 99 percent solved but there seems to be no progress and even the suspects have recanted their witnesses,” Topacio said in Filipino.
Remulla and Teves have been exchanging barbs over the Degamo killing, with the former claiming that the suspended lawmaker appears to be the mastermind of the murder. He also challenged Teves to just come home and face the accusations.
For his part, Teves insisted he has no hand in the killing of Degamo, a political rival in Negros Oriental. Teves also denied he had a hand in the recantation of the suspects.
HABEAS CORPUS
The Supreme Court has directed the National Bureau of Investigation to answer the habeas corpus petition on the alleged unlawful detention of ex-Army reservist Marvin Miranda, one of the suspected masterminds in the Degamo killing and Teves’ alleged right-hand man.
The petition for a writ of habeas corpus was filed by Miranda’s mother, Conchita Miranda, who asked the High Court to issue an order for her son’s immediate release.
“The Court without giving due course thereto, resolves to require the respondent to comment thereon (not to file a motion to dismiss), within a non-extendible period of ten days from notice thereof,’ said the one-page resolution issued by the SC’s First Division.
The SC Public Information Office received the April 17 resolution only yesterday.
The petitioner also sought a protection order to prohibit the NBI from committing or attempting to commit any act violating Miranda’s rights and to issue an order to suppress any evidence emanating from his arrest.
Remulla has likened Miranda to a “casting director” with Teves as the “executive producer” in the plot to kill Degamo.
Miranda was arrested by the NBI after fleeing from Negros Oriental.
Several suspects have withdrawn their testimonies about having a role or knowledge about Degamo’s killing.
Remulla has said Miranda was behind the recantation of the other suspects.
Miranda never confessed to his role in Degamo’s murder.
