Teves camp files habeas corpus plea following arrest in Timor-Leste

The camp of former Negros Oriental Representative Arnolfo "Arnie" Teves Jr. has filed a habeas corpus petition following his arrest in Timor-Leste, his lawyer in the Philippines said Wednesday.

Teves' legal counsel Ferdinand Topacio said Immigration police arrested Teves on Tuesday evening without a warrant. He said the former lawmaker is currently detained at the Ministry of Interior in Timor-Leste.

According to Topacio, a writ of habeas corpus is a writ addressed to a person detaining another to produce that person in court and justify his detention or arrest.

"Kung iga-grant po 'yung writ, dadalhin po sa hukuman si Ginoong Teves at doon po ay kailangang makumbinsi ng mga authorities na umaresto kay Ginoong Teves kung bakit siya inaresto… at kung siya ay ide-deport, what will be the basis for his deportation," he said in an online briefing.

(If the writ is granted, Mr. Teves will be brought to court. Authorities who arrested him will need to convince the court why he was arrested… and if he is to be deported, they should explain the basis for his deportation.)

Teves was tagged as the mastermind in the killing of former Negros Oriental governor Roel Degamo and nine others on March 4, 2023 at the Degamo residence in Pamplona, Negros Oriental.

The former lawmaker was out of the country at the time of the incident and has not returned since. He has applied for asylum in Timor-Leste.

Court decision

Topacio stressed that the Philippine government's extradition request was already denied in March.

"The basis for the denial are three. Number one, that there is great danger to his life and him. Number two, that he may be forced to undergo torture and other inhuman punishment. And number three, maaaring mag-undergo siya ng mga proceedings na maaaring magdulot ng injustice sa kanya,” he said.

(The basis for the denial are three. Number one, that there is great danger to his life and safety. Number two, that he may be forced to undergo torture and other inhuman punishment. And number three, he may undergo proceedings that could result in injustice against him.)

Though they are seeking to prevent his return to the country, Topacio said the Teves camp is prepared in case his client is brought back to the Philippines.

"We have always been prepared. What will happen if he is repatriated is that the courts where there are pending charges against him will acquire jurisdiction over him, and then we will defend him as his defense attorneys to the best of our ability," Topacio said.

"And we are confident that with the recantations of all the witnesses against him that the government has a very weak case. So we are ready. Anytime," he added.

In a Facebook post, Teves' son Axl said no warrant or any other document was shown during the former lawmaker's arrest. Topacio reported the same in a separate interview.

GMA Integrated News has also reached out to the Bureau of Immigration for comment.

Extradition request

The Department of Justice (DOJ) reiterated that it has been prepared to bring Teves home to face the charges against him, but the Timor-Leste Court of Appeal denied the government's extradition request in March.

"While we welcome the recent pronouncements from Timor-Leste indicating a renewed position that Mr. Teves should not remain in their territory, we await their action—whether he would simply be deported for being an undocumented foreigner or extradited forthwith pursuant to our pending application," the DOJ said.

"We emphasize that the Philippine government has not been furnished with any legal or official document on the matter," it added.

The DOJ also denied Axl's remark that his father had prior information that a private plane was scheduled to land in Timor-Leste for the arrest, dubbing it as “fake news.”

Teves and others have also been charged with the alleged killings of three individuals in Negros Oriental in 2019.

He and 12 others have also been designated as terrorists by the Anti-Terrorism Council, citing several alleged killings and harassment in Negros Oriental.

He was expelled by the House of Representatives in August last year for disorderly conduct and continued absence. — VDV/RSJ, GMA Integrated News