DNA samples from crime scene match with 4 Degamo suspects

MANILA, Philippines — DNA samples collected from the crime scene of the March 4 assassination of former Negros Oriental governor Roel Degamo have matched those of four alleged gunmen, based on an examination conducted by the National Bureau of Investigation (NBI).

This was revealed by lawyer Levito Baligod, who represents Degamo’s widow, Pamplona Mayor Janice Degamo, and several other widows of those killed in the commando-style attack, before the Department of Justice (DOJ) after the preliminary investigation yesterday.

Baligod said the samples collected from the vehicles used during the attack and the bloodstains in the Degamo compound matched those of accused gunmen Jhudiel Rivero, Rogelio Antipolo Jr., Winrich Isturis and John Louie Gonyon.

“Our investigators collected specimens from the vehicles used by the shooters as well as bloodstains in the compound of (the late) governor Degamo. It was subjected to DNA analysis and matched,” the lawyer told reporters in Filipino.

“The only exception here is if they have twins, but if none, the sample specimen definitely belongs to them,” he added.

Neither suspended Negros Oriental 3rd District Rep. Arnolfo Teves Jr. nor his lawyer Ferdinand Topacio appeared during the preliminary investigation into the lawmaker’s case.

Justice Secretary Jesus Crispin Remulla said matching DNA samples with the alleged gunmen gives another “overwhelming” evidence against them.

Remulla added that currently, the DOJ has ballistics tests, “control of premises” and earlier statements of the gunmen as evidence in the case, including against Teves, who has been tagged as the mastermind.

“We have a lot of evidence. They keep saying we no longer have evidence because it was recanted, but it’s not the case. Those DNA samples are heavy. Even if they deny being at the scene of the killing, their blood is there. What does that mean? It means they were there,” the DOJ chief told reporters.

The DNA results have been submitted to the panel of prosecutors overseeing the case. ?All 10 accused were present during the proceedings, but because of their legal representatives’ absence, the accused were unable to affirm their affidavits of recantation.

Remulla also said that yesterday’s preliminary investigation did not proceed further because of the absence of Teves and his lawyers, who could have appeared on his behalf.

The DOJ chief warned the lawmaker that if no one from his party appears at the next scheduled preliminary investigation on June 27, the DOJ will be forced to end the preliminary investigation and take the case to the court.

“If the preliminary investigation does not push through once more on the 27th, the NBI will be recommending to have the case taken to the court since Teves does not want to appear in the preliminary investigation,” the justice secretary said.

Rivero, Antipolo, Isturis and Gonyon are facing multiple counts of murder and frustrated murder before the Manila Regional Trial Court (RTC), alongside fellow ex-soldiers Eulogio Gonyon, Joric Labrador, Joven Javier, Benjie Rodriguez, Dahniel Lora, Romel Pattaguan and alleged ringleader Marvin Miranda.

All suspects, except Miranda, have recanted their earlier statements pointing to Teves as the mastermind.

Miranda has never cooperated with authorities.

‘Inadmissible’

Lawyers of the alleged gunmen in the Degamo assassination are accusing the DOJ and NBI of taking blood samples from their clients without their counsels’ knowledge, making the DNA matches “inadmissible in any proceedings.”

In a statement issued yesterday afternoon, lawyers Florian Banabana and John Harold Montalbo said the NBI, which collected the samples that were tested against the bloodstains at the crime scene, took samples from their clients against their will, without the knowledge of their lawyers and approval from the court.

“Otherwise put, the taking of DNA/blood sample from the accused as well as the alleged testing thereof were done under the suspicious shroud of secrecy and were made at least three months after the alleged commission of the crime,” the lawyers said.

“Hence, the matching test result was tainted, and hence, not credible. Most importantly, the same is considered as fruit of poisonous tree, hence, inadmissible in any proceedings (…) and is lacking evidentiary weight as the Constitution excludes the same as evidence,” they added.

The lawyers also claimed that Antipolo and Rivero, whose samples matched the bloodstains at the crime scene – were not wounded and were arrested in places far from Pamplona.

They said they have also filed a motion before the Manila RTC informing the judge that the clients were brought out of the NBI detention facility and to the preliminary investigation yesterday at the DOJ without the court’s permission.

“(We requested) that the responsible officers of NBI be directed to explain why they should not be cited in contempt for their illegal action,” they added.

Banabana and Montalbo claim they were not informed that they would be brought to the preliminary investigation, but Baligod, the victims’ lawyer, said subpoenas were issued for the lawyers to appear for their clients.