Degamo murder suspect recants

MANILA, Philippines — One of the alleged gunmen in the killing of Negros Oriental governor Roel Degamo and nine others has recanted an earlier testimony tagging suspended congressman Arnolfo Teves Jr. as mastermind of the carnage, believed to be one of the bloodiest political killings in recent history.

Jhudiel “Osmundo” Rivero, a former soldier and the fourth surrenderee among the alleged gunmen in the Degamo killing, filed yesterday an affidavit of recantation before the special panel of prosecutors handling the case.

His lawyer Harold Montalbo said Rivero recanted “all” the statements in the first affidavit he executed before the Department of Justice (DOJ) following his surrender and his agreeing to name those who ordered the hit on Degamo.

Teves has not returned to the country since leaving for the US in February supposedly to undergo stem cell treatment. The leadership of the House of Representatives is eyeing his expulsion for his long and unauthorized absence.

“So, Mr. Rivero recanted all of his statements, including that he was one of the suspects that killed (Degamo and nine others) and planned it with three others, who are now clients of our law firm,” Montalbo told reporters.

The other alleged gunmen who surrendered to the DOJ were Joric Labrador, Joven Javier and Benjie Rodriguez.

They were charged with multiple murder and multiple frustrated murder charges before a Negros Oriental court in March.

All cases related to what is now called the Pamplona massacre that were filed in the province would be heard at the Manila Regional Trial Court after the Supreme Court cleared the way for the transfer of proceedings.

Montalbo also alleged that his client was not given “proper counsel” when he was turned over to the DOJ after his surrender. Rivero was provided a lawyer from the Public Attorney’s Office when he became a state witness.

In his five-page counter-affidavit also filed yesterday, Rivero accused the Philippine National Police (PNP) of beating and “torturing” him into tagging Teves as the mastermind of the attack.

He also accused his public attorney of telling him to “give in to what the police want so I would not get hurt further.”

“While I was being asked for my statement at the PNP headquarters, they were kicking and hurting me, telling me to admit that I know Congressman Teves ordered to kill Gov. Degamo. They also told me that if I don’t, my family would be in danger,” the document, in Filipino, read.

“Because I was afraid that my family and I would be killed, I went along with what they wanted me to say even though I have never met or spoken to Congressman Teves. I also don’t know him,” he added in his counter-affidavit.

Rivero also denied knowing former army reservist Marvin Miranda, who was allegedly tasked with leading the execution of the commando-style attack.

Since his rights were allegedly violated, Montalbo said they are now seeking a new investigation.

“A lawyer did not assist him when he was made to sign the documents. Second, he was not given anything, right to be heard, so now we are going through it by opening a new investigation,” he added.

Habeas corpus

Rivero, meanwhile, also filed a petition for habeas corpus before the Manila Regional Trial Court asking the court to demand that the DOJ and the National Bureau of Investigation (NBI) present his 40-year old wife Queenie Apple Lago  Rivero, his 15-year-old stepson (Christian King Apale Lago, and their two-year-old son Jophiel Keith who, he claimed, were “unlawfully detained and deprived of their liberty.”

The three were “taken by a team of soldiers” from their residence in Bayog, Zamboanga del Sur last March 5, a day after Degamo and several others were shot and killed.

Three days later, they were brought to the provincial police office in Pagadian City, he added.

On March 19, operatives from the DOJ and NBI took them and reportedly brought them to Manila, Rivero said.

He maintained his family “did not commit any offense for which they may be arrested or deprived of their liberty without any formal charge or judicial warrant.” – Ghio Ong