The Department of Justice (DOJ) is eyeing an appeal on the acquittal of former Negros Oriental congressman Arnolfo Teves Jr. on the 2019 killing of the province’s former board member who was also a former agent of the National Bureau of Investigation (NBI).

DOJ Acting Secretary Fredderick A. Vida said: “We will study and evaluate and definitely we will explore all available remedies for the DOJ.”

Last Friday, Jan. 16, the DOJ confirmed that Manila Regional Trial Court (RTC) Branch 15 handed down a decision that acquitted Teves and his two co-accused of murder for the death of Michael Dungog.

The RTC granted the demurrer to evidence filed by Teves and his co-accused Richard Cuadra and Rolando Pinili.

A demurrer to evidence is a pleading filed by an accused in a criminal case seeking the dismissal of the charge on lack of evidence presented by the prosecution

If the filing of the demurrer is allowed by court and it is granted, the accused is acquitted of the criminal charge.

In the case of Teves and his co-accused, the trial court ruled that “the prosecution’s evidence is legally insufficient to sustain a conviction even if left unrebutted, the court is duty-bound to grant the demurrer to evidence.”

“To require the accused to present evidence under these circumstances would amount to an impermissible shifting of the burden of proof and a violation of the constitutional presumption of innocence,” the court’s order also stated.

Earlier, the DOJ said that even if Teves was acquitted in the Dungog case, “he cannot be released because he remains lawfully detained by virtue of his other pending criminal cases.”

“These include multiple murder charges currently pending before the Regional Trial Courts of Manila, including the high-profile cases related to the assassination of the late Governor Roel Degamo,” it added.

Teves is still facing murder charges before the Manila RTC over the 2019 killings of Lester Bato, a body guard of Basay mayoralty candidate Cliff Cordova; and Pacito Libron, an alleged hitman associated with Teves.

The former congressman is also facing 10 counts of murder, 13 counts of frustrated murder, and four counts of attempted murder in connection with the March 4, 2024 shootings in Pamplona, Negros Oriental that resulted in the death of governor Degamo.

Under Article III, Section 1, of the 1987 Constitution, the principle of double jeopardy generally bars the prosecution from appealing an acquittal in a criminal case because it's considered final and immediately executory.

However, the offended party or the State can challenge the judgment of acquittal on issues of grave abuse of discretion, blatant violation of due process, or a mistrial.