Metro Manila (CNN Philippines, May 5) — Embattled Negros Oriental lawmaker Arnolfo Teves Jr. on Friday filed a motion before the Department of Justice to dismiss complaints against him for illegal possession of firearms and explosives.
The suspended lawmaker again did not show up in the preliminary investigation on the issue following a raid by authorities on his property on March 10.
The 15-page motion said there was no evidence to prove of Teves’ \” alleged constructive possession of any of the confiscated articles, much less of the premises where they were allegedly found.\”
\”Wherefore, premises considered, it is most respectfully prayed that the herein subject complaints be dismissed for utter lack of evidence to support a finding of probable cause,\” the motion read.
The complaints were filed by PCol. Hansel Marantan, chief of Criminal Investigation and Detection Group-National Capital Region, who led the implementation of search warrants on Teves’ residence in Negros Oriental.
Teves said he was not present when authorities conducted the search.
He said Interior Secretary Benhur Abalos planned the raid and planting of evidence. The motion noted that it would be “natural” for Teves to hide his firearms with such a threat.
“Otherwise put, what is natural for someone who received information of such threat is to make sure that his house is free from any such prohibited articles, assuming he has them, especially since he intends to leave the country and his house will not be under his watch nor may he be present to defend himself if the impending threats are pursued against him,” the motion read.
But Abalos denied the accusation, saying it was “preposterous.”
Teves said the raid violated the two-witness rule for searches under the Rules of Court, which states that no search of a house or any other premises shall be conducted in the absence of the owner.
“Therefore, the evidence seized during the subject search and seizure suffers from vices of unconstitutionality, hence, inadmissible even in the present stage of the proceedings,” he said.
The DOJ dismissed in March one of several complaints for illegal possession of firearms lodged against Teves.
