An arrested suspect who has been initially charged in court with illegal possession of firearms and explosives has, in effect, recanted his previous testimony given to the police on the alleged participation of Negros Oriental 3rd District Rep. Arnolfo “Arnie” A. Teves Jr. in the March 4, 2023 killings of Gov. Roel R. Degamo and nine other persons in Pamplona town.
In his counter-affidavit filed before the Department of Justice (DOJ) on Monday, May 22, Jhudiel R. Rivero, also known as Osmundo Rivero, alleged that he was tortured by the police to admit his participation in the Pamplona killings and to implicate Teves.
Rivero was one of four suspects arrested in hot pursuit by the police after the March 4 incident.
The three other arrested suspects had earlier been identified as Joric Garido Labrador, Joven Calibjo JJavier, and Benjie Buladola R. Rodriguez.
Following their arrests, the DOJ said the four arrested suspects were initially charged before the Bayawan City regional trial court (RTC) with three counts of illegal possession of firearms, ammunition and explosives.
In previous statements, the DOJ said that the four arrested suspects pointed to participation of Marvin H. Miranda, the arrested bodyguard of Teves, in the killings.
The National Bureau of Investigation (NBI) on May 17, 2023 filed complaints before the DOJ against Teves for 10 counts of murder, 14 counts of frustrated murder, and four counts of attempted murder.
As of Friday, May 19, the DOJ has yet to evaluate the complaints for action.
In his counter-affidavit, Rivero said:
“Hindi totoo na may killala akong Marvin. At hindi rin totoo na aking tinuro ang litrato ni Cong. Teves nang ipaturo sa akin sa apat na litrato sapagkat hindi ko siya kilala at kailanman ay hindi ko pa siya nakikita (It’s not true that I know a person named Marvin. It is also not true that I pointed at the photo of Teves because I never knew him and have never met him).
“Hindi rin totoo na alam ko ang mga naging pagpa-plano sa pagpatay kay Gov. Degamo at hindi rin totoo na pamilyar sa akin ang mga ginamit na baril at kasuotan dahil kailanman ay hindi ko ito nagamit o nakita (It is not true that I knew of the planning in the killing Degamo and it is not true that I am familiar with the guns and clothes used because I never used nor seen those).”
Rivero recounted that in the morning of March 5, 2023, he was arrested by police and taken to the PNP’s Provincial Intelligence Unit.
He said in his affidavit:
“Nang ako ay nasa Provincial Intelligence Unit na, sinabi nila na ako raw ang tinuturo ng tatlo nilang nahuli at naimbestigahan na nagplano at pumasok sa compound ng Degamo Family sa Pamplona, Negros Oriental. Tinortyur po ako. Sinofucate din ako sa pamamagitan ng pagpasok sa plastic ng aking ulo at gumamit sila ng alambre upang sakalin ako. Ako ay nahimatay at nang ako ay nagkamalay na, aking napansin na lumobo ang aking leeg na hanggang ngayon ay aking dinadamdam (When I was taken to the Provincial Intelligence Unit, they told me I was pointed at by three other suspects who got arrested and investigated over the planning and entering the Degamo family compount in Pamplona, Negros Oriental. I was tortured. I was suffocated by covering my head with a plastic bag and they used a wire to strangle me. I passed out and, when I regained consciousness, I noticed swelling on my neck that I still complain about).
“Habang ako ay kinukunan ng aking salaysay sa PNP Headquarters, ako ay tinadyakan at sinasaktan at sinasabi sa akin na umamin na ako na si Cong. Teves ang nag-utos patayin si Gov. Degamo. Sinabi rin sa akin na kung hindi ko ituturo si Cong. Teves ay mapapahamak ang aking pamilya. Dahil sa takot na baka ako at ang aking pamilya ay patayin, sumunod na lamang ako sa kanilang gusto kahit na ang totoo ay hindi ko kailanman nakita o nakausap si Cong. Teves. Hindi ko rin siya kilala (While may statement was being taken at the PNP headquarters, I was being kicked and hurt, and told to admit that Teves was the one who ordered the murder of Degamo. They told me if I do not point at Teves my family will be in danger. Because of fear that I and my family could get killed, I did what I was told even if it was not true that I saw or talked to Teves. I also don’t know him).
“Habang kinukuhanan din ako ng salaysay, ang PAO (Public Attorney’s Office) na ibinigay sa akin ay sinabihan ako na sumunod na lamang sa gusto ng mga pulis upang hindi ako lalo pang masaktan (While they were taking may statement, the counsel given to me from the Public Attorney’s Office told me to follow the order of the police so that I won’t be hurt anymore).
“Habang ako ay nagbibigay ng salaysay ay sinasabi sa akin ng mga nasa PNP Headquarters na ituro ko lamang si Cong. Teves at hindi na nila idadamay ang aking pamilya. Sinabi rin sa akin na ako ay kanilang papalayain at ilalagay sa witness protection program. Ito na ang naitatak sa aking isip na kung hindi ko ituturo si Cong. Teves ay ako at ang aking pamilya ay kanilang papatayin (While they were taking may statement, I was told at the PNP headquarters that once I point to Teves, they won’t involve my family. They told me that they will free me and place me under the witness protection program. It made an imprint on my mind that if I don’t point at Teves then I and my family will be killed).”
Also in his affidavit, Rivero said he was informed that members of his family were taken into custody last March 8 and since then, he has not been informed of their whereabouts.
He said his lawyers informed him that what happened to him was in violation of his rights under Section 12, Article 3 of Constitution, Republic Act 9745, the Anti-Torture Act of 2009, and RA 7438, the Act Defining the Rights of the Person Arrested.
He also denied making sworn statements last March 9 and April 3. He said the signature on his supposed March 9 statement was not his.
At the same time, he said the supposed April 3 statement did not contain his signature and the signature of his PAO lawyer.
Teves has not returned to the Philippines since last March 9, the expiration of his authority to travel abroad. He has denied all the allegations against him in the killings in Pamplona town.
Earlier, Justice Secretary Jesus Crispin C. Remulla had said that suspects in the killings are now represented by private lawyers.
But Remulla did not express any worry on possible recantations of the affidavits of witnesses which, among other things, became the basis in the filing of the complaints against Teves.