Fugitive and expelled Negros Oriental congressman Arnolfo “Arnie” A. Teves Jr. cannot be sent back to the Philippines while his appeal on the extradition order issued by the Timor-Leste court is pending, his lawyer Ferdinand Topacio said on Friday, Jund 28.
Topacio had earlier said that Teves will appeal the extradition order.
"There is a stay in the execution of the extradition request while the appeal is still pending before the court,” Topacio told journalists during a Zoom interview.
Citing Article 300 of the Code of Civil Procedure of Timor-Leste, Topacio said Teves has 30 days from notice to appeal the grant of the extradition requested by the Philippine government.
“Thirty days from today, June 28, that is the time within which we can write and file an appeal before the Supreme Court,” he said.
He also said he received the notice of the ruling on Thursday, June 27, and on Friday, June 28, received the full copy of the ruling which is in Portugese.
Thus, he said he has yet to confer with the lawyers of Teves in Timor-Leste on what arguments will be raised for the appeal.
Though Timor Leste has denied the asylum request of Teves last year, Topacio said this remains an option for the expelled congressman.
“According to the lawyers there are facts and circumstances na pwede pa nila ielavate ‘yung kanilang request for political asylum administratively (that they can still elevate the request for political asylum administratively),” he explained.
"If there is a political asylum application, notwithstanding any extradition request, the person cannot be extradited because it would render the application for political asylum moot and academic,” he added.
At the same time, he said: "Habang hindi pa po with finality ‘yung request for political asylum hindi pa po pwedeng i-extradite si Cong. Teve (While the political asylum request is still pending Teves cannot be extradited)."
And if Teves is extradited, Topacio said “we still have to go the judicial process of the prosecution proving his guilt.”
“At palagay ko mahihirapan silang gawin ‘yan dahil nagrecant na ‘yung kanilang mga witnesses at hindi po nila sinasabi (The DOJ will have a difficult time because many witnesses have recanted their statements and this was not revealed to the public),” he also said.
Teves and several others have been charged with 10 counts of murder, 12 counts frustrated murder, and four counts of attempted murder for the March 4, 2023 deaths of 10 persons, including Negros Oriental Gov. Roel Degamo, and injuries to 18 others in Pamplona town.
The cases filed in Negros Oriental had been ordered transferred to Manila by the Supreme Court (SC).
On Sept. 5, 2023, Regional Trial Court (RTC) Judge Merianthe Pacita M. Zuraek of Branch 51 issued an arrest order against Teves and his co-accused. The arrest order against Teves could not be enforced since the former congressman has been abroad long before the filing of the cases in court.
Last March 21, local authorities of Timor-Leste arrested Teves while playing golf at the Top Golf Driving Range and Bar in capital city of Dili pursuant to the red notice issued by the International Criminal Police Organization (Interpol).
The Philippines requested his extradition.
On top of the murder, frustrated murder and attempted murder cases, Teves had been designated terrorist by the Anti-Terrorism Council and his assets in the Philippines had been ordered frozen. Terrorism charges have been filed against him and several other respondents before the DOJ.
He is also facing murder charges for the deaths of three persons in Negros Oriental in 2019.