Metro Manila (CNN Philippines, July 17) — The camp of suspended Negros Oriental 3rd District Rep. Arnolfo Teves Jr. has filed a motion seeking to dismiss the solon’s murder case for the assassination of Governor Roel Degamo.
The motion moved to dismiss Pamplona Mayor and the slain governor’s widow Janice Degamo’s murder and attempted murder complaint against Teves, claiming an “utter lack of confidence to support a probable cause.”
Authorities previously gave Teves until July 17, Monday, to respond to the allegations made against him.
The solon has been tagged as the mastermind in the killing of Degamo in March, but Teves has since maintained his innocence.
Citing threats to his life, Teves has refused to return to the Philippines despite the recantation of testimonies by Degamo slay suspects.
RELATED: Teves has no plans to return home to face charges – Bato
Ferdinand Topacio, Teves’ head legal counsel, said that he is sure Teves will return but that he is not sure when.
Meanwhile, Justice Secretary Boying Remulla said Monday the suspects involved in the killing of Degamo have been transferred to a facility of the Bureau of Jail Management and Penology (BJMP) in Bicutan, Taguig City.
“BJMP already took custody of them,” he said.
On the move to tag Teves as a terrorist, Remulla said another meeting of the Anti-Terror Council will be held after President Ferdinand Marcos Jr.’s State of the Nation Address.
It cited the recanted statements of the 10 gunmen who killed Degamo which tagged Teves as the mastermind behind the Pamplona Massacre.
READ: 5 more Degamo suspects affirm recantation
“The recanted confessions of the ten suspects, which was the sole evidence against Teves, Jr. have no probative value and are inadmissible against him,” the motion read.
One of Teves’ lawyers earlier said that the main case against Degamo was rooted in the suspects’ statements and without these, it was enough to question the validity of the case against the congressman.
However, the Department of Justice in May said that even with the recantations, “there is more than enough evidence to pin down the accused.”
Teves’ legal team highlighted the testimonial evidence cited by the complaint. “Not even one of the private complainants or their witnesses, claim any personal knowledge of the participation of Teves, Jr. in the subject crimes.”
They also questioned the object evidence against Teves, namely, the safe house where the assassination was supposedly planned and a helicopter allegedly used to transport the shooters.
“It is settled that both the alleged safe house as well as the helicopter are owned by HDJ Agriventures Corporation, not by Teves, Jr.,” the motion said.
Teves’ brother, Pryde Henry Teves, is the president of HDJ Agriventures Corporation.
Lastly, it claimed that there was no proof of inducement or conspiracy linking Teves to the Degamo slay.
“The complaint utterly fails to furnish proof, even allegations, as to whether this criminal inducement is present on the part of Teves, Jr… None of the witnesses or co-respondents in this case ever attest as to their receiving instructions, orders, promise, price or reward, or any form of inducement from Teves, Jr.” the motion read.
