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DOJ to probe alleged torture, stresses witnesses in Degamo case gave testimony freely

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DOJ to probe alleged torture, stresses witnesses in Degamo case gave testimony freely
An armed member of the police Special Action Force (SAF) stands guard in front of the municipal hall in Pamplona town in Negros Oriental on March 5, 2023, a day after provincial governor Roel Degamo and eight others were killed in a mass shooting.
AFP / Ferdinand Edralin

MANILA, Philippines — The Department of Justice will investigate allegations of torture made by suspect-witnesses in the killing of Negros Oriental Gov. Noel Degamo in March but stressed that they gave their testimonies voluntarily and that their about-face on allegations implicating suspended Rep. Arnolfo Teves Jr. suggests a conspiracy to cover up the crime.

In an interview on "Ted Failon and DJ Cha-cha" on Radyo5, Justice Undersecretary Mico Clavano also said that the case will not fall despite recantations because the National Bureau of Investigation has other evidence.

"We really have to investigate if there is truth to these allegations. And, of course, if true, then the people involved in it will be held accountable," Clavano said in Filipino. "But if they are lying, and there was no torture, then someone will also have to be accountable for obstruction of justice."

Clavano said that the suspect-witnesses were "very voluntary" in giving testimony implicating Marvin Miranda, whom he said had been a long-time staff of the embattled congressman, as the one who "directed" the killing of Degamo that left nine others dead.

Some of the witnesses had even requested inclusion in the Witness Protection Program as well as a request for food and allowances, Clavano said.

Suspect-witnesses 'lawyer up'

Teves has repeatedly denied involvement in the killing but has said that he cannot return to the Philippines to face allegations because of threats to his safety. He reportedly sought and was denied political asylum in Timor Leste. Asked about it, the congressman said he would neither confirm nor deny the attempt.

The DOJ earlier said that suspect-witnesses had become uncooperative after they were provided a lawyer by someone. They had previously been represented by the Public Attorney's Office.

Joven Javier, an alleged gunman in the killing, was the fifth to walk back testimony. His lawyer said on May 26 that Javier had recanted his previous testimony, claiming it had been executed under duress.

"They suddenly changed their story," Clavano said Friday, adding that that happened after a former DOJ undersecretary approached Miranda. 

"This shows a conspiracy. I don't think it is correct to doubt the case, what is more clear is the conspiracy," he also said.

Clavano said that the National Bureau of Investigation secured "object evidence like CCTV footage and ballistics" and that "the case is still solid" despite the recantations.

"The complaint was not just based on the affidavits," he also said.

Teves faces multiple murder, attempted murder and frustrated murder complaints pending before the Department of Justice over the Degamo killing.

Teves' lawyer Ferdinand Topacio has urged Justice Secretary Jesus Crispin Remulla to investigate the suspect-witnesses' allegations of torture instead of warning them of a possible perjury case over their retractions.

On top of these, Teves is also facing a separate multiple murder rap over 2019 killings and illegal possession of firearms and explosives complaints, while the process to designate him as a terrorist has already started.

The House of Representatives has suspended Teves, who is believed to be abroad, for another 60 days for failing to return to work despite a lapsed travel authority.

ARNOLFO TEVES JR.

DEPARTMENT OF JUSTICE

ROEL DEGAMO

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