Another suspect, the fifth among those detained at the National Bureau of Investigation (NBI), has recanted his supposed testimony that "implicated himself and Negros Oriental 3rd District Rep. Arnolfo “Arnie” A. Teves Jr." in the March 4, 2023 killings of 10 persons, one of them Gov. Roel R. Degamo.
The latest to recant his testimony was suspect Joven Javier who also filed a petition before the Manila regional trial court (RTC) for his release from detention via a writ of habeas corpus.
Those who had earlier recanted their testimonies implicating themselves and Teves in the killings were Jhudiel R. Rivero, Dahniel P. Lora, Romel A. Pattaguan and Rogelio C. Antipolo Jr.
All five suspects are represented by lawyer Danny Villanueva.
Villanueva said Javier “recanted his first statement prepared on March 5, 2023 in Negros Oriental before police officers conducting the investigation that he had participated in the gruesome crime of killing 10 people and wounding several others,” he said.
“We can expect more recantations because, again, as early as April 18 we were able to talk to eight people now in the NBI and they told us they were just coerced to having admitted to being part of the Pamplona massacre,” he said.
The “said admission was taken in violation of their rights and against their will,” he added.
He said that three other suspects have also recanted their testimonies “but their recantations are with their respective lawyers.”
In his affidavit of recantation, Javier said he was arrested in the afternoon of March 4 in Bayawan City, Negros Oriental by the Philippine Army without any reason but accused of being involved in the Pamplona massacre.
“Dahil sa wala akong masabi na pangalan o maituro na kinaroroonan ng mga baril, ako ay binugbog, sinusuntok, tinatadyakan, inapakan ang aking mukha habang ako ay nakadapa sa lupa at nakapusas sa likuran ko ang aking dalawang kamay. Walang nag-assist sa akin na abogado. Hindi rin nila ako binasahan ng Miranda rights (Because I could not name a person or point to the location of weapons, I got beaten up, punched, kicked, my face stepped on while lying on the group with handcuffs behind my back. I had no lawyer assisting me. I was not read my Miranda rights),” he recounted.
He said he was transferred blindfolded to the Nopo Police Station in Damaguete City where he underwent police questioning without a lawyer and subjected to a paraffin test. He also said a law enforcer “ang nagtusok ng kanyang rifle sa aking kanang hita (pressed a rifle on my leg).”
“Noong Marso 5, 2023, doon pa lang ako binasahan ng Miranda rights habang kinukunan ako ng salaysay at pilit na kinukuha ang aking confession, at pilit nilang pinapaturo sa akin si Marvin Miranda at si Cong. Teves. Dahil sa mga pagbabanta sa aking buhay at sa buhay ng aking pamilya, napilitan akong lagdaan ang confession. May PAO lawyer nandoon sa imbestigasyon subalit nandoon lang siya para sa compliance sa batas. Hindi niya sinabi na may karapatan ako na dapat may ibang magtestigo sa confession tulad ng mayor, pari, ministro at iba pa (On March 5, that was the only time I was read my Miranda rights while they were taking my statements and forced to confess and point at Miranda and Teves. Because of the threats against me and my family, I was forced to sign the confession. A lawyer of the Public Attorney’s Office was present during the investigation but was there only for compliance under the law. The lawyer did not tell me that I have the right to have someone witness my confession like a mayor, a priest, a minister and others),” Javier recalled.
In his petition seeking his release from detention, Javier told the trial court he is “unlawfully detained and deprived of his liberty by the order and at the behest of the respondents.”
Named respondents in the petition were Department of Justice (DOJ) Secretary Jesus Crispin C. Remulla and NBI Director Medardo G. de Lemos.
Javier also told the court that “in spite of the fact that petitioner has been confined for more than two months, to his personal knowledge, no formal complaint or accusation for any specific offense has been filed against him nor any judicial writ or order for his confinement has at any time been issued so far.”
Thus, he said, his confinement “is utterly illegal.”