Degamo case submitted for resolution; Teves files motion to dismiss

The multiple murder complaints on the killing of Negros Oriental Governor Roel Degamo have been submitted for resolution, the lawyer of the Degamo family said Monday.

“The case was just submitted for resolution,” said Atty. Andrei Bon Tagum in an ambush interview following the preliminary probe at the Department of Justice.

Meanwhile, the camp of suspended Negros Oriental Representative Arnolfo “Arnie” Teves Jr., one of the alleged masterminds in the assassination, and other respondents moved for the dismissal of the complaints against them.

“Kami po… ay maghahain ng isang motion to dismiss sa kadahilanang ang mga argumento po namin ay tungkol lamang po sa absence o kawalan ng probable cause,” Atty. Ferdinand Topacio, the legal counsel of Teves, said in a separate interview.

(We will file a motion to dismiss because we argue a lack of probable cause.)

Topacio reiterated that the accused in the case have recanted their testimonies.

“Assuming without conceding na walang epekto yung recantation, even in their original statements wala pong matibay na ebidensya na nagtutuon kay Congressman Teves na siya ang pasimuno nag pagpatay kay Governor Degamo,” Topacio said.

(Assuming, without conceding the effects of the recantation, even in their original statements, there's no strong evidence pointing to Teves as the one who is behind the killing of Governor Degamo.)

The Department of Justice had maintained that they had a solid case against Teves despite the accused recanting their testimonies. 

Topacio said Teves, who has yet to return to the Philippines, said he was “hoping for the best but preparing for the worst.”

“Pinapakita namin sa kanya ang aming mga legal arguments, kumbinsido naman sya nakita naman nya yung soundness at sabi naman nya sana lang talagang i-consider, sana lang DOJ to look at it with fair and impartial eye,” Topacio said.

(We are showing our legal arguments, and he is convinced that it is sound. And he hoped that the DOJ would consider looking into it with a fair and impartial eye.)

When asked if he planned on returning to the country, Topacio said Teves told him he would but was unsure of when he would return.

Helicopter captain

Another respondent who moved to dismiss the complaint was Captain Lloyd Garcia, the individual who allegedly piloted the helicopter that carried the accused out of Negros.

“Wala naman ho talagang ebidensya laban sa kliente namin (there's really no evidence against our client),” Atty. Paris Real, Garcia’s legal counsel, said.

“Una, walang pinalipad na helicopter during the incident, March 4. Wala ring pinalipad na helicopter bringing ‘yung supposedly five suspects two days after the incident,” he later added.

Real said he expected his client to be exonerated.

“Dahil, hindi umano nag palipad siya ng helicopter sakay ‘yung six persons pero ang inaakusa ay Bell helicopter… ang capacity lang ng Bell helicopter ay five maximum. So, it’s highly impossible na nagpalipad sila ng helicopter using 505 Bell helicopter,” he said.

(He allegedly piloted the helicopter that carried six people... the Bell helicopter's maximum capacity was five. So, it is highly impossible that they used a Bell 505 helicopter.)

Counter-affidavit

Meanwhile, Nigel Electona filed a counter-affidavit.

“Nag-file po kami ng counter-affidavit ni Nigel Electona, kasama na rin po ‘yung mga affidavits nung kanyang witnesses. Doon we emphasize na wala talaga siyang partisipasyon sa pag plano o sa pag patay kay governor Degamo,” Electona’s legal counsel, Atty. Michael Melia, said.

(Nigel Electona filed a counter-affidavit, with the affidavit of the witnesses. There, we emphasize that he did not participate in the killing of Governor Degamo.)

He said the allegations against Electona also had no “logical connection” to the killing.

Melia said they also had a statement that the evidence against him was planted.

“For example, sinasabi na meron daw nakuha sa tinitirhan ng aking kliyente na si Nigel Electona… na isang granada, isang baril, at picture daw ni Degamo… Nangyari po yan dahil sa raid noong March 26, 2023. Subalit nung October 20, 2022, ay matagal na pong hindi nakatira doon si Nigel Electona,” he said.

(For example, they said there was a grenade, a firearm, and a picture of Degamo retrieved at the house of Nigel Electona. This happened during a raid on March 26, 2003. But Nigel Electona had not lived there since October 20, 2022.)

He added that Electona was in custody since March 24, 2023.

Degamo and nine others were killed, while several others were injured, after an attack on the late governor’s home in Negros Oriental on March 4, 2023. — DVM, GMA Integrated news