DNA samples from crime scene matched 4 Degamo slay suspects, says lawyer

DNA samples obtained during the March 4 assassination of Negros Oriental Governor Roel Degamo have matched four suspects currently in police custody, the lawyer of the Degamo family said Tuesday.

According to Atty. Levito Baligod, the samples matched John Louie Gonyon, Winrich Isturis, Osmundo Rivero, and Rogelio Antipolo Jr.

"'Yung investigators natin took specimen from vehicles used by the shooters and also the bloodstains left in the compound of Governor Degamo. And when subjected to DNA analysis, nag-match," Baligod said in an ambush interview.

(Our investigators took specimens from vehicles used by the shooters and also from the bloodstains left in the compound of Governor Degamo. And when subjected to the DNA analysis, they matched.)

He said the National Bureau of Investigation (NBI) has submitted the DNA analysis as evidence.

"Kaya as we were saying before, kahit mag-recant po ang mga shooters na ito, we can still successfully prosecute the cases," Baligod said.

(As we were saying before, even though the shooters recanted their testimonies, we can still successfully prosecute them.)

Sought for comment, Atty. Jord Valenton, the legal counsel of Isturis and Gonyon, said there is a process of authentication that the claim must go through.

“There, in other words, is a particular process of authentication before any of the statements of the good counsel could be given credence,” Valenton told GMA News Online.

In an ambush interview, Justice Secretary Jesus Crispin Remulla said the DNA is “independent evidence.”

“‘Yung DNA nagpapakita ng ibang ebidensya bukod sa mga salita. Kahit sabihin nilang hindi sila ‘yung naroon sa patayan, ‘yung dugo di ba nakuha sa patay eh, anong sasabihin noon? Nandoon sila sa lugar,” he said. 

'Not credible'

For the legal counsel of suspects Joven Javier, Romel Pattaguan, Dahniel Lora, Rivero, and Antipolo, the alleged matching of the DNA samples confirms their suspicion that blood samples taken from the reported gunmen will be used for a fabricated report.

“What is sinister about this is the undeniable fact that the DNA/Blood sample taken from our clients allegedly used in the matching test was taken from our clients against their will, without the knowledge of the lawyers, and without prior approval from the court,” lawyer Florian Banabana said in a statement.

Banabana also said that the DNA test results are inadmissible in court, saying they were "tainted and hence not credible,'' as the tests were allegedly done secretly and at least three months after the alleged commission of the crime.

He also mentioned that Antipolo and Rivero were nabbed on separate dates and locations, and both had no wounds during the arrests.

“It is plain therefore that there is no connection between the alleged bloodstains found in the Degamo compound and the alleged get-away vehicle with those blood samples taken under duress and intimidation from Mr. Rivero and Antipolo,” the lawyer added.

Banabana said their camp filed on Tuesday a manifestation and motion before the Manila Regional Trial Court Branch 51, asking it to cite in contempt the NBI officers who brought out his clients to the detention facility for preliminary investigation without securing permission from the court and duly informing the suspects’ counsel.

He said he only learned about the incident through the media earlier in the day.

“We were not informed by the NBI that our clients will be brought of the jail for the said purpose. We learned also that the court does not know of the said action by the NBI. The said bringing out of detainees by NBI was without clearance from Branch 51 RTC Manila,” Banabana said.

“This afternoon, we filed a manifestation and motion before Branch 51 RTC Manila informing the court that our clients were brought out of the NBI Detention Facility without first getting permission from the Court and requesting that the responsible officers of NBI be directed to explain why they should not be cited in contempt for their illegal action,” he added.

Preliminary probe

Baligod made the remark during the first preliminary probe on the murder and frustrated murder complaints filed against suspended Negros Oriental Representative Arnolfo “Arnie” Teves Jr., who is being linked to the killing.

Other respondents in the complaint include Angelo Palagtiw, Neil Andrew Go, Capt. Lloyd Cruz Garcia. Nigel Electona, and a certain “Gee-Ann, Jie-An” who are allegedly connected to the escape of the assault team supposedly using Teves' helicopter.

The hearing was attended by the 10 suspects in the killing, members of the Degamo family, and relatives of other victims in the shooting at the governor's home.

According to Baligod, the suspects were not accompanied by the lawyers who assisted them in the recantations of their testimonies. They were instead represented by lawyers from the Public Attorney’s Office.

It was also the first time Pamplona Mayor Janice Degamo, the slain governor’s widow, faced the suspects since they recanted their testimonies.

In a separate press conference, the mayor said she did not have the opportunity to talk with the suspects personally.

“But I think I really expressed how I feel kanina. Parang sinabi ko yata na sana namatayan na rin kayo para alam niyo how it feels. Parang to that effect,” she said.

(But I think I really expressed how I feel earlier. I think I said that I hope they also lose someone, so they will know how it feels.)

She said the families of the victims cannot help but feel that way, especially after the suspects recanted their testimonies.

“And the first time ng first PI, talagang nag aa-ano, ganon-ganon pa sila. Sorry, sorry, ganon sa mga family ng mga victims. Ina-assure pa nila that you will get the justice that you deserve,” she said. “Tapos biglang ngayon.”

(During the first PI, they even said sorry to the families of the victims. They assured us that you would get the justice you deserved. And then this happened.)

“Yung kanilang change of statement I think made us more emotional siguro kasi yun nga all along, ‘yung iniisip namin hindi rin kami talaga nagkamali na kapag yung pera talagang gagapang na, maraming magbabago,” she added.

(Their change of statement, I think, made us more emotional because, all along, we were proven right that once money circulates, a lot of things will change.)

Meanwhile, Aileen Retada tearfully recounted how she lost her husband in the shooting only months after losing her child.

She said she and her husband tried to ask Degamo for financial assistance as they had a hefty hospital bill to pay.

“Ang sakit talaga kasi nung ano, nung August 24, namatayan ako ng bata. ‘Yan ang pinuntahan namin doon kay gov para matulungan niya ako pero namatay din ang asawa ko,” she said.

(It hurts because on August 24, I lost my child. That’s why we went to the governor, so he could help us. But I lost my husband.)

“Kaya ngayon ang aming kailangan justice. ‘Yan ang aming pinupunta dito para matulungan niyo kami,” she added.

(That’s why we need justice. That’s what we came here for.)

On March 4, Degamo and eight others were killed while several others were injured after an attack on the late governor’s home in Negros Oriental. The death toll later climbed to 10.

Remulla earlier said that Teves is the main mastermind in the killing, a claim the lawmaker and his camp have repeatedly denied.

Teves is out of the country and has yet to return due to fears for his safety. 

According to Remulla, should Teves fail to attend the next preliminary investigation hearing on June 27, the NBI may push for the filing of charges in court.

“Kung hindi niya igagalang ang proseso sa DOJ ay pwedeng sabihin ng NBI, kasama ng mga abugado ng NBI, na marahil kinakailangan sa korte na dalhin ang kaso,” he added.

(If Teves will not respect the process of the DOJ, the lawyers of the NBI can say that they need to bring this to court.)  —with Sundy Locus/KBK/VBL, GMA Integrated News