‘Degamo suspect should present proof of torture’

MANILA, Philippines —  Following the recantations of four alleged gunmen in last March’s killing of Negros Oriental governor Roel Degamo, the Department of Justice (DOJ) warned that all allegations of torture by state authorities to make them sign their statements must be proven.

Senior Deputy State Prosecutor Richard Fadullon said the allegations made by Jhudiel Rivero in his affidavit of recantation were worth looking into, considering that he accused police officers of torturing him into implicating suspended Negros Oriental Rep. Arnolfo Teves Jr. in the brazen attack that killed 10 people, including the governor.

“Anybody who may have been responsible for it, if proven to be correct, may be held responsible,” Fadullon said in an interview aired over CNN Philippines yesterday.

However, if Rivero’s allegations would be proven false, he would likewise “face the full force of the law,” the state prosecutor warned.

Earlier this week, Rivero, Dahniel Lora, Romel Pattaguan and Rogelio Antipolo Jr. – former soldiers who allegedly carried out one of the bloodiest political attacks in recent history – executed their affidavits of recantation before the DOJ through their lawyers.

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

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

Danny Villanueva, one of their lawyers, said the panel of prosecutors handling the Degamo killing has yet to accept the recantations due to several procedural requirements, including documents and evidence proving allegations in the affidavits of recantation.

Fadullon noted that the panel of prosecutors was right in requiring these, saying “it is incumbent upon Rivero to present proof of the facts that he is now alleging in his affidavit of recantation.”

He questioned why Rivero never complained of any injuries he sustained when police officers allegedly beat him and tortured to get an alleged false statement from him.

Fadullon said that as part of standard procedures in taking in detainees, the National Bureau of Investigation (NBI), which had the alleged gunmen in custody during the investigation, is required to subject them to medical examination.

“Complaints could have already been raised there… there were lawyers from the Public Attorney’s Office (PAO) that assisted him during the taking of his statements and right off, they were given the opportunity to talk and that would have been the opportunity for him to ask for another examination if he felt that the first one was something questionable,” Fadullon said.

Aside from this, Rivero could have also sought the participation of the Commission on Human Rights through his designated public attorney to investigate whether he was tortured while being held by police at their national headquarters.

“If you ask me, there’s a lot of explaining to do because of the variates in the initial statement that was executed, this recantation and other statements that Rivero issued. So, the matter of having to prove it is now with Rivero because it does not follow that just because he recanted, what he’s saying is the absolute truth,” he added.

PAO hands tied

Meanwhile, public attorneys have been ordered to refrain from assisting inmates and other suspected persons in executing extrajudicial confessions during criminal or custodial investigations, the Public Attorney’s Office (PAO) said.

In a memorandum circular issued last Monday, Deputy PAO chief Silvestre Mosing said the order was issued due to several incidents in the past in which a public attorney who helped an accused execute an extrajudicial confession was eventually assigned as the same person’s counsel in the ensuing court proceedings.

“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,” the memorandum circular read.

The issuance of the circular came after several notable, controversial accusations have been made against PAO lawyers.

With the new circular, all requests for legal assistance for extrajudicial confessions would be endorsed to the PNP, NBI and other law enforcement agencies.

In another development, even if his suspension from the House of Representatives has not been lifted, Teves claimed that he already participated in the plenary deliberation on Tuesday and a committee hearing yesterday.

Teves claimed that he had attended and voted “yes” to proposed measures tackled on the floor via Zoom yesterday.

He said he was able to participate in one of the hearings conducted by House committees also via Zoom.

But Teves refused to say which particular committee proceeding he attended as this could compromise the panel chairman concerned.

Based on the House calendar, six committees conducted hearings yesterday.

The STAR tried to validate Teves’ claims, but no response came from any of the committees as of last night. –  Sheila Crisostomo