The Department of Justice (DOJ) denied Negros Oriental Representative Arnolfo Teves, Jr.’s motion to inhibit which seeks the department to recuse itself from the preliminary investigation on the killing of Governor Roel Degamo.

A panel of prosecutors insisted that it acted independently during the preliminary hearing, amid accusations about its impartiality in the case, Andres Manuel, one of Teves’ lawyers, told the media yesterday.

“Ang counter naman po namin is ‘yun pong ating motion for inhibition,” Manuel said.

“Hindi naman po nakatuon sa panel po lamang, kundi po sa buong DOJ na sa tingin po ni Congressman Teves ay hindi na po fair and impartial in hearing the case and cases against him,” he added.

Manuel said the Office of the Ombudsman would be the better agency to conduct the investigation.

The prosecutor’s panel gave Teves and other co-respondents, who had not been previously tagged in the murder, until midday on July 17 to submit their counteraffidavits. 

However, it remains unclear how the five other names in the complaint filed before the DOJ were involved in the incident.

In his motion filed on June 22, Teves stated that the prosecutors could not be expected to go against his pronouncements, as Justice Secretary Jesus Crispin Remulla has the power to review their resolutions and to supervise them, and to promote or reassign them.

“Hiningi na lang namin kanina na ilagay in writing ‘yung denial ng kanilang inhibition para makakuha kami ng official copy,” Manuel said. 

“Ano ba ‘yung talagang eksaktong rason bakit nila dine-deny ‘yung motion for inhibition para nang sa ganoon makagawa kami ng kaukulang hakbang kung gusto namin mag-file ng motion for reconsideration. We may do so or we may want to elevate it higher, pwede din namin gawin,” he added.

Previously, 11 individuals have been charged in the slay; of which 10 had already executed affidavits of recantation, according to their lawyers.

During the preliminary investigation hearing yesterday, five of them were able to affirm affidavits of recantation, lawyer Russel Miraflor said.

These were Rogelio Antipolo Jr., Joven Javier, Dahniel Lora, Romel Pattaguan, and Osmundo Rivero.

Miraflor said they also filed a motion to suppress evidence as a result of their recantations.

“We believe that this forum has no more jurisdiction over them because they have already expressed their recantation,” Miraflor said.

“Aside from that, by jurisprudence, the prosecution can only continue prosecuting the case if the case is filed in court. At the prosecutorial level, there is no way na pwede pa nila gamitin previous affidavits ng aming clients,” he added.

Meanwhile, Manuel said the recantations of the five witnesses would give Teves a “huge advantage.”

“As the defense is concerned, malaki pong development ‘yun,” Manuel said. 

“Kasi kung titingnan niyo po parang, sa pagkakaintindi po namin, base po sa mga news report, naka-angkla po ‘yung kaso laban kay Congressman Teves at sa iba pa doon sa mga statements nung mga tao na ito,” he said.

“So it appears na ni-recant na po nila, binabawi at pinapasinungalingan ano man ‘yung mga unang sinabi,” he added.

Another hearing is scheduled on July 3, for the remaining five accused-witnesses to affirm their affidavit of recantations.

A complainant is also set to affirm his affidavit against Teves./With reports from ABS-CBN News / WDJ