DOJ denies Teves camp’s bid to inhibit

MANILA, Philippines — Suspended Negros Oriental Rep. Arnolfo Teves Jr. has failed in his bid to have his murder charges over the assassination of governor Roel Degamo heard at the Office of the Ombudsman after the panel of prosecutors denied his motion to inhibit the Department of Justice (DOJ) from the case.

Stressing that they remain independent and impartial, the panel of prosecutors said it would continue conducting the preliminary investigation into the case as it has not violated the rules of court in terms of due process and since Teves and the gunmen’s camps have admitted they have no qualms against the panel of prosecutors.

Teves last week asked the DOJ to inhibit from the Pamplona Massacre case, citing the pronouncements of Justice
 Secretary Jesus Crispin
Remulla against him that pose risks of supposed partiality in the DOJ’s probe.

“Also, as a side note, the ombudsman is not the main court where murder cases are tried. In this case, where 10 people were killed, it’s best to hear it at the DOJ because we have prosecutors of the highest caliber who are very capable and willing to try these cases. And so the jurisdiction is clearly here in the DOJ,” DOJ spokesman Mico Clavano told reporters.

Andres Manuel, part of Teves’ legal team, said they have no qualms against the panel of prosecutors but would push through with their next steps to take the case away from the DOJ.

“Our counter here earlier is that our motion for inhibition is not directed towards the panel but to the whole DOJ that Congressman Teves views as unfair and not impartial in hearing the cases against him,” he told reporters.

He said they sought a document of the resolution denying their motion to map their next steps, including a possible motion for reconsideration or elevating it to another tribunal.

The next preliminary investigation is scheduled on Monday, where the National Bureau of Investigation is expected to submit additional documents.

Meanwhile, accused gunmen Joven Javier, Dahniel Lora, Romel Pattaguan, Jhudiel Rivero and Rogelio Antipolo Jr. have reaffirmed their affidavits of recantation before the panel, their lawyer Russel Miraflor told reporters.

The rest of the gunmen – Winrich Isturis, John Louie Gonyon, Eulogio Gonyon Jr., Joric Labrador and Benjie Rodriguez – are expected to execute their affidavits of recantation on Monday, Manuel and Miraflor said. Marvin Miranda, the alleged ringleader of the group, never cooperated with authorities.

Miraflor said he also filed a motion to suppress the evidence that his clients intimated to DOJ prior to their recantation as a deterrent to the DOJ’s plans to use in court the statements implicating Teves as mastermind despite the recantations.