The results of the DNA (deoxyribonucleic acid) analysis on the blood samples taken from the detained suspects in the killings of Negros Oriental Gov. Roel R. Degamo and nine other persons on March 4, 2023 are “inadmissible as evidence.”
In a statement, the law firm Baclig & Associates reacted on the results of the DNA analysis conducted by the National Bureau of Investigation (NBI) which reportedly showed that some of the suspects were in the compound of Degamo in Pamplona town during the killings.
The law firm’s statement, as confirmed by lawyer Danny Villanueva in response to Manila Bulletin’s query, said: “What is sinister about this is the undeniable fact that the DNA/blood sample taken from our clients allegedly used in the matching test was taken from our clients against their will, without the knowledge of the lawyers, and without prior approval from the court.”
“Otherwise put, the taking of the DNA/blood sample from the accused as well as the testing thereof were done under suspicious shroud of secrecy and were made at least three (3) months after the alleged commission of the crime. Hence, the alleged DNA/blood matching test result was tainted and, hence, not credible. Most importantly, the same is considered as fruit of poisonous tree, hence, inadmissible in any proceedings. Simply put, it is lacking evidentiary weight as the Constitution excludes the same as evidence,” it pointed out.
The DNA analysis was submitted by the NBI to the DOJ panel which is conducting the preliminary investigation on the 10 murder, 14 frustrated murder, and four attempted murder charges filed against Negros Oriental 3rd District Rep. Arnolfo “Arnie” A. Teves Jr. and several other respondents.
The blood analysis was based on samples taken from the vehicles used by the detained suspects and those blood stains lifted in Degamo’s residence where the killings took place, the NBI said.
“‘Yung DNA na ‘yan pinapakita may mga ebidensya bukod sa mga salita. Kahit sabihin nila hindi sila ‘yung naroon sa patayan, ‘yung dugo nila naroon sa patayan (The DNA analysis showed that there are other pieces of evidence apart from statements. Even if they said they were not in the crime scene, their blood was there),” Justice Secretary Jesus Crispin C. Remulla had said.
Earlier, lawyer Levito Baligod, legal counsel the Degamo family, had revealed that the NBI findings showed that those who were in the crime scene were detained suspects Rogelio C. Antipolo Jr., Winrich B. Isturis, John Louie L. Gonyon, and Jhudiel R. Rivero.
Baclig & Associates, however, said that Antipolo and Jhudiel Rivero when arrested on March 4 and March 5 respectively, suffered no wound and they were arrested in places very far from Pamplona town.
“It is plain therefore that there is no connection between the alleged bloodstains found in the Degamo compound and in the alleged get-away vehicle with those blood samples taken under duress and intimidation from Rivero and Antipolo,” the law firm said.
In the same statement, the law firm said that it has filed a manifestation and motion before the Manila regional trial court (RTC) Branch 51 to inform the court that “our clients were brought outr of the NBI Detention Facility without first getting permission from the court and requesting that the responsible officers of NBI be directed to explain why they should not be cited for contempt for their illegal action.”
It was referring to the NBI’s act of bringing the detained suspects to the DOJ last Tuesday for preliminary investigation.