Teves, sons file motion to dismiss illegal possession of firearms raps

Suspended Negros Oriental Representative Arnolfo “Arnie” Teves Jr. and his sons have filed a consolidated motion seeking to dismiss the complaint of illegal possession of firearms and explosives against them, their camps said Friday.

Teves’ legal counsel, Atty. Ferdinand Topacio, said they are questioning the legality of the search conducted in his client's houses back in March. 

“Sapagkat wala po sa ating procedure na may papasok muna sa isang lugar na ise-search na walang witnesses after one hour saka ise-search. ‘Yun ang pagkakataoon na mag tanim ng ebidensya,” Topacio said in an ambush interview.

(Because there is nothing in our procedure that says that you can enter without witnesses and then conduct a search after an hour. That is a chance to plant evidence.)

Due to this, Atty. Edward Santiago of Teves’ camp believes the evidence submitted by the complainants will be inadmissible under the doctrine of the fruit of the poisonous tree. 

“Admitted din naman nila doon sa complaint nila na nag conduct ng— merong team of SAF personnel na nag conduct ng clearing… bago nila inimplement yung actual search,” he said.

(They also admitted in the complaint that there was a SAF team that conducted a clearing of the area before they implemented the actual search.)

“So… the evidence na na-gather nila are inadmissible as evidence as in the doctrine of the fruit of the poisonous tree,” he added.

(So, the evidence that they gathered is inadmissible as evidence in the doctrine of the fruit of the poisonous tree.)

Santiago said another complaint of illegal possession of firearms and explosives against Teves was dismissed back in March and they are confident the present complaint will also be dismissed.

According to Atty. Andres Manuel, the legal counsel of Teves’ sons Kurt and Axel, the complaint has been submitted for resolution.

The Department of Justice is seeking to designate and proscribe Teves as a terrorist to force him to surrender to authorities.

Justice Secretary Jesus Crispin Remulla had said that the complaint of illegal possession of firearms and explosives that was filed against Teves was enough basis to do so.

Topacio has said that the lawmaker does not own the firearms allegedly retrieved from his houses.

Degamo killing

Meanwhile, Topacio also questioned the evidence of authorities over claims that Teves appears to be the mastermind behind the killing of Negros Oriental Governor Roel Degamo on March 4.

“Well, para sa akin ah, well ito lang from my point of view as a defense lawyer kung wala kang ebidensya eh talagang hindi ka makaka file kasi baka mapahiya ka lang pag dating sa korte,” he said.

(Well, for me, from my point of view as a defense lawyer, if you have no evidence, you cannot file because you will only get shamed when it reaches the court.)

“So, two months after na tag na si Congressman Teves as the mastermind, as the brains behind the assassination, they are still scrambling for evidence, Wala pa rin. Otherwise, they would have filed it,” Topacio added.

(So, two months after Congressman Teves was tagged as a mastermind, as the brains behind the assassination, they are still scrambling for evidence. Otherwise, they would have already filed it.)

Back in March, two suspects in the killing of Degamo named a certain “Cong Teves” as the person behind the fatal attack against the local official.

Teves has yet to return to the country amid fears for his safety. He has appealed for fairness, saying he will come home "when it is safe enough" or when the trial is fair.

“We are still assessing the situation. We will see whether we can get a fair trial,” Topacio said when asked if Teves maintains his stance on his refusal to return to the country.

Topacio said he regularly talks to the lawmaker to update him on what is happening, adding that Teves remains in “high spirits.”

“He is comforted by the fact na talaga namang wala siyang kinalaman dito sa pagpatay dito kay Governor Degamo atsaka yung ibang binibintang sa kanya,” he said.

(He is comforted by the fact that he is really not involved in the killing of Governor Degamo and the other allegations against him.)

Last month, Remulla said Teves apeared to be "the main mastermind" in the Degamo slay and that the National Bureau of Investigation will file murder, multiple murder, and multiple frustrated murder complaints against him and eight others. —VAL, GMA Integrated News