THREE more suspects in the killing of Negros Oriental Governor Roel Degamo and nine others last March 4 have recanted their previous affidavits wherein they admitted their participation to the crime and pointed to suspended Negros Oriental Third District Rep. Arnolfo “Arnie” Teves as the mastermind.
However, Department of Justice (DOJ) Senior Deputy State Prosecutor Richard Anthony Fadullon said the supposed recantations have not been officially submitted to the Department of Justice (DOJ).
Fadullon added that the recantation of some of the suspects is expected following their decision to hire their private counsels.
“We expect that recantations will be made by suspects. It is their right to do so especially now that they lawyered up at this time,” Fadullon said.
“So say that they recanted, assuming that we received the copies already does not mean that the recantations will prove that the earlier statements they gave are actually untrue,” he explained.
Fadullon, however, could not say how these recantations would affect the complaint recently filed by the National Bureau of Investigation (NBI) against Teves before the DOJ which is set for preliminary investigation (PI).
“Let us see how it happens when the PI is actually set. If they will submit [their recantations], then we will leave it to the panel how they will evaluate these statements,” Fadullon said.
The DOJ official also expressed confidence that the prosecution has still strong and sufficient evidence to pin down those responsible in the Degamo killing despite the recantations.
So far, four suspects have already recanted having knowledge or participation in the Degamo slay case.
First to recant was suspect Osmundo Rivero, who accused police investigators of torturing and coercing him into admitting his participation in the crime.
In his recantation, Rivero also disclosed that the Public Attorney’s Office (PAO) lawyer assigned to him even tried to convince him to just give in to the demands of the police to avoid getting hurt.
Rivero claimed that he was beaten up, strangled and suffocated by investigators to force him into admitting that it was Teves who ordered the attack on Degamo’s residence.
The other suspects who recanted were identified by their lawyer Danny Villanueva as Rommel Pattaguan, Rogelio Antipolo Jr. and Dahniel Lora. All of the four suspects are being assisted by Villanueva.
“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,” Villanueva said in an interview over ABS-CBN News Channel.
Villanueva said Antipolo Jr., whose affidavit was used by the DOJ to indict Miranda in the case, only signed the affidavit out of fear for his and his family’s safety.
“Mr. Antipolo denies having any knowledge about it [affidavit]. So he can only surmise that this information comes from the police officers of Negros Oriental,” he explained.
Villanueva said aside from Rivero, the three also recanted their statements linking Teves to the crime.
With this development, Villanueva said he believes the DOJ has no solid case against Teves, as their statements are the only link of the authorities to the suspended lawmaker.
“I think that 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.
Sought for comment, Remulla only said the DOJ has a strong case against Teves and the other accused in Degamo’s killing.
Meanwhile, the PA on Tuesday issued a memorandum barring PAO lawyers from assisting persons deprived of liberty (PDLs) and criminal suspects in the execution of extra-judicial confessions during custodial investigation.
The PAO said it issued the order in light of recent events wherein PAO lawyers assisted suspected or accused persons during custodial investigation in the preparation of extra-judicial confessions, which were later recanted by the said persons.
The PAO order was issued a day after a suspect in Degamo slay case revealed that a PAO lawyer assigned tried to convince him to accept all the demands of the police in order to avoid getting hurt.
“The order is being issued to avoid conflict of interest in case the PAO will be later on assigned by the court as counsel de officio for the accused in the same case.
This is likewise to protect the office from being used and abused by unscrupulous and evil-minded persons who intend to mislead investigators or to avoid culpability. Ultimately, this order is being issued to preserve the integrity and dignity of the Office,” it added.
All requests for assistance from suspects in connection with the preparation and execution of extra-judicial confessions will be referred to the Philippine National Police and the NBI and other law enforcement agencies.