Degamo slay suspects offered money to recant statements? Purely hearsay, says lawyer
MANILA, Philippines — A lawyer and former official of the Department of Justice (DOJ) cautioned Justice Secretary Jesus Crispin Remulla from making statements that are “devoid of evidentiary weight or probative value.”
Citing intelligence reports, Remulla alleged that each suspect in the killing of Negros Oriental Gov. Roel Dagamo received an offer of P8 million each to withdraw their testimony accusing Rep. Arnolfo Teves Jr. and Marvin Miranda as the masterminds behind the killing.
Remulla said the offer was facilitated by the co-mastermind Marvin Miranda and his lawyer, former Justice Undersecretary Reynante Orceo.
“The imputation that I offered Php8M to the accused in Degamo murder cases to recant their affidavit is based on the secretary’s ‘information he received.’ This is purely hearsay. As lawyers, which Sec. Remulla is supposedly aware of, such a statement is devoid of evidentiary weight or probative value. In fact, Sections 13 and 38 of the new lawyers’ Code of Professional Responsibility and Accountability prohibits the imputation of misconduct and the non-posting of false or unverified statements,” Orceo said.
Quoting the code, Orceo said, “A lawyer shall not, directly or indirectly, impute to or accuse another lawyer of misconduct, impropriety, or a crime in the absence of factual or legal basis. A lawyer shall not knowingly or maliciously post, share, upload, or otherwise disseminate false or unverified statements, claims, or commit any other act of disinformation.”
He went on to clarify, “We only represent Miranda; all the other accused are represented by different counsels. The recantations of all the other accused should be attributed to their respective lawyers, not to us.”
Article continues after this advertisementMeanwhile, Atty. Danny Villanueva said he is completely clueless about Remulla’s allegation.
Article continues after this advertisementHe said it would be impossible for the lawyers to offer the P8 million because of the limited time and space given to the detainees and their lawyers.
All the accused are currently detained at the National Bureau of Investigation (NBI).
“Hindi mo pa alam kung naka record ang lahat ng paguusap niyo dahil naka paligid ang mga tao ng NBI habang nagkakausap ang mga naka-piit at mga abugado. Yung cellphone and gadgets and wallets iniiwan sa guard sa labas,” Villanueva said.
(You won’t even know if all your conversations are being recorded because there are NBI personnel around you while the detainees and lawyers are talking. Cellphones, gadgets, and wallets are left behind with the guard outside.)
Villanueva represents Osmundo R. Rivero, Joven C. Javier, Dahniel P. Lora, Romel A. Pattaguan, and Rogelio C. Antipolo.
Rivero was the first to withdraw his testimony, followed by Lora, Pattaguan and Antipolo, and then Javier. They all alleged that they were illegally arrested and tortured to admit participation in the killing and tag Teves as the mastermind.
“On my oath, I have nothing to do with the alleged orchestration of the recantations as early as the first time we were given the chance to talk with our clients. Sila mismo ang nagsabi sa amin na sila ay tatalikod (They were they ones who told us that they will turn their backs from their original testimonies),” Villanueva said.
Atty. Jord Valenton said, “I did not do that [bribery offer], and I will never do such a thing.”
“My clients know nothing of what the good secretary is saying. My clients are constrained to recant or disown the statements, for they were taken by violence, threat, and intimidation, as well as in violation of their constitutional rights,” Valenton said.
He added: “Let’s just go back to the issues at hand.”
Valenton represents Joric G. Labrador, Benjie B. Rodriguez, Winrich B. Isturis, Eulogio L. Gonyon Jr., and John Louie L. Gonyon.
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