3 more suspects in Degamo slay recanted testimonies -lawyer

Three more suspects in the killing of Negros Oriental Governor Roel Degamo have recanted their earlier testimonies, according to their lawyer on Tuesday.

That brings a total of four suspects in the Degamo case now taking back their word of having knowledge of the assassination and its alleged masterminds, suspended Negros Oriental Representative Arnolfo "Arnie" Teves Jr. and Teves’ former bodyguard Marvin Miranda.

“Well, in so far as I am concerned, as I can only speak for my four clients, our four clients had already executed an affidavit of recantation,” Atty. Danny Villanueva told ANC.

Among those who are now recanting his statement is Rogelio Antipolo Jr., whose previous affidavit was used to indict Miranda.

“As to the source of this information, Mr. Antipolo denies having any knowledge about it. So he can only surmise that this information comes from the police officers of Negros Oriental,” he said.

Villanueva said Antipolo signed the affidavits “out of fear that he will be subjected to torture as well as to the safety of his family.”

The other three suspects who are now recanting are Osmundo Rivero, Dahniel Lora, Romel Pataguan.

Rivero recanted his testimony on Monday as he filed a five-page counter-affidavit and claimed that he was coerced into pointing to Teves as the one who ordered the killing while at the headquarters of the Philippine National Police (PNP).

Rivero also claimed that he was hurt while under custody. Villanueva said they have submitted a motion seeking to have Rivero submitted to a hospital not affiliated with the DOJ.

“Mr. Rivero showed to us the marks on his neck showing that he was indeed subjected to torture when an iron wire was strung on his neck and to him, a plastic bag was also put on his head,” he said.

The Department of Justice earlier maintained that the testimonies of suspect-witnesses in the murder of Degamo were not coerced.

Villanueva, meanwhile, said he believes there’s no solid case against his clients and Teves.

“Because his previous statements which were prepared in violation of his constitutional rights will no not be any more use as it is considered a "fruit of poisonous tree" so, it is inadmissible as evidence in any proceeding,” Villanueva said.

“And I think that this, only the statements of these alleged perpetrators is the basis of the Department of Justice in linking Teves to the alleged incident in Pamplona,” he added.

Justice Secretary Jesus Crispin Remulla previously said Teves appears to be the “main mastermind” behind the assassination of Degamo, citing testimonies of arrested suspects.

Meanwhile, Villanueva denied claims that he was hired by Teves, calling it “absolutely false” and “malicious.”

“At the very heart of due process is the representation, the assistance of the lawyer, a lawyer who is chosen by the client, not because the client… engaged the services of a private practitioner doesn’t mean that he is being paid or that he is being paid by somebody like Cong. Teves,” he said.

'No effect'

The Department of Justice (DOJ), meanwhile, believes the suspects' recantations will not have an impact on the case.

"Sa tingin namin wala naman siyang epekto doon sa kaso, no? Kasi naniniwala kami ang ebidensyang hawak ng department sa ngayon ay matibay," Senior Deputy State Prosecutor Richard Fadullon said in an ambush interview.

(We think that it doesn’t have an effect on the case. We believe we have strong evidence.)

"At kahit na merong umatras o magbago ng kanilang salaysay, hindi ibig sabihin nito na totally masisira yung kaso," he added.

(And even if they recant their statements, this does not mean that the case is totally destroyed.)

Fadullon said the DOJ has also yet to receive the recantations of the suspects.

He admits, however, that this will affect their credibility.

"In that sense, ang tanong natin sa sarili natin, alin ba ang totoo dito sa dalawa? Dahil ba sa ito ang pinakahuling statement nangangahulugan ba na ito na ang totoo? Hindi rin eh," he said.

(In that sense, the question we ask ourselves is which of these is true? Is the statement more true because it is more recent? It’s not like that.) 

"Alamin din natin ang motibo bakit nagkaroon ng pagbabago dito sa mga salaysay na ito atsaka yung mga sirkumstansya kung papaano nabago ito, at bakit ngayon lang at bakit biglaan," he added.

(Let’s find out the motive for the change in statements and the circumstances under which they changed. Why only now?)

Meanwhile, when sought for comment, Atty. Ferdinand Topacio, Teves’ legal counsel, said the lawmaker may be feeling "guarded optimism" after the recantations.

"But of course, alam niyo naman, notwithstanding these recantations, ang kalaban po natin dito ay buong makinarya ng gobyerno so mahirap po magsalita," Topacio said.

(We are against the machinery of the government so, it's difficult to give a comment.)

Manipulation

Meanwhile, Degamo's widow, Pamplona Mayor Janice Degamo told Dobol B TV that "someone" may be manipulating the suspects in the killing of her husband following the recantation of one of them.

"Sa paniniwala namin, the recant[ation] of this suspect is brought about by some people at the agency na talagang 'yun 'yung gumawa ng paraan," Pamplona Mayor Janice Degamo told Dobol B TV.

(In our belief, the recantation of this suspect is brought about by some people at the agency who made it happen.)

"It could be someone who used to work with the agency or it could be someone who used to work with the agency and is trying to manipulate some people who are currently working at the agency," she added.

The mayor did not elaborate further, but said she has proof to show that "something" happened in the agency. She also did not clarify which "agency" she was referring to. 

On March 4, Degamo and 10 others were killed while several others were injured after an attack on the late governor’s home in Negros Oriental.

Teves, who has yet to return to the Philippines due to fears for his safety, has denied involvement in the killing. He reportedly sought political asylum in Timor-Leste but was rejected. — VAL, GMA News