Teves' camp to appeal 'terrorist' tag

The Manila Times

Teves' camp to appeal 'terrorist' tag  Lawyer Ferdinand Topacio says he will file an appeal in behalf of his client, Negros Oriental Representative Arnolfo Teves Jr., to have him delisted as a terrorist. Topacio is unfazed by the Anti-Terrorism Council's decision to have the lawmaker and other groups tagged as terrorists.  VIDEO AND INTERVIEW BY EZRAH RAYA  Subscribe to The Manila Times Channel - https://tmt.ph/YTSubscribe  Visit our website at https://www.manilatimes.net  Follow us: Facebook - https://tmt.ph/facebook Instagram - https://tmt.ph/instagram Twitter - https://tmt.ph/twitter DailyMotion - https://tmt.ph/dailymotion  Subscribe to our Digital Edition - https://tmt.ph/digital  Check out our Podcasts: Spotify - https://tmt.ph/spotify Apple Podcasts - https://tmt.ph/applepodcasts Amazon Music - https://tmt.ph/amazonmusic Deezer: https://tmt.ph/deezer Stitcher: https://tmt.ph/stitcher Tune In: https://tmt.ph/tunein  #TheManilaTimes #DailyNews #Teves #ATC #Terrorism

Transcript

00:00 I'm Ezra Raya, reporting on the hottest issues and the biggest stories.

00:04 This is the Manila Times.

00:06 The government moves to freeze all assets owned by Congressman Arnie Tevez and 12 of

00:11 his cohorts as the Anti-Terrorism Council declares his group as terrorist for being

00:18 involved in a series of violent political killings in Negros Oriental.

00:23 Among these is the assassination of Governor Roel Digamo.

00:27 ATC Deputy Spokesman Mico Clavano clarified, however, that no warrant of arrest has been

00:33 issued yet for Tevez, but hopes that this would immobilize Tevez and force him to face

00:39 allegations.

00:41 National Security Council Assistant Director General Jonathan Malaya added that designation

00:46 of the Tevez terrorist group sends a clear message to all private armed groups in the

00:52 country that they will be held accountable for their actions.

00:57 Joining us is the legal counsel of Representative Tevez, Attorney Ferdy Topacio.

01:03 Welcome to the Manila Times, sir.

01:06 Attorney, it seems that the walls are closing in on Congressman Tevez.

01:10 So as his legal counsel, what is the next step for you?

01:14 Do you plan on appealing on the ATC's decision and reverse this terrorist designation?

01:19 Do you plan on filing it with the Supreme Court or Court of Appeals?

01:24 For one, I will have to respectfully disagree with the premise that the walls are closing

01:30 in.

01:31 The government may do all it can to harass him, to make life difficult for him, to vex

01:37 him, including using a law which was not intended for this purpose, which as you said, according

01:43 to Clavano, they are just forcing him to come home.

01:49 The Anti-Terror Act was not designed for this.

01:51 It is designed to prevent or suppress acts of terrorism.

01:58 And you know, the walls will never close in on an innocent man.

02:01 That is why right now as we speak, I just took time off from a meeting with my legal

02:07 team as we are discussing now the options available to us in the next few days with

02:13 respect to this designation that was signed on July 26, but which came out only yesterday,

02:19 the very day that the House Ethics Committee was conducting deliberations on whether or

02:26 not to expel Congressman Tevez.

02:29 So you can see how the entire machinery of government is being arrayed against Congressman

02:36 Tevez.

02:37 Sir, you mentioned that the House is moving to expel Congressman Tevez.

02:42 So sir, how was the Anti-Terror Act misused in this case, as you said?

02:48 Well for one, this law was not designed for these kinds of acts because according to the

02:56 very well-reasoned decision, the ponensia of which was made by Justice Karandang, there

03:02 are two components to terrorism.

03:04 It's not only acts of killing or releasing poisonous substances or making explosions,

03:12 but there must be another component, which is to promote widespread fear, to intimidate

03:18 or disrupt the government, which is just right because the Anti-Terror Act was enacted principally

03:28 to combat two incidents in the past which have shaken the nation, the longstanding armed

03:37 communist insurgency, which is the longest in Southeast Asia, and the Marawi siege.

03:43 So you can see how far this is because if you are going to contend that every act of

03:48 killing, that is why I am saying even assuming, without conceding of course, that there are

03:55 acts of killing perpetrated by Congressman Tevez, still it will not fall under terrorism.

04:01 It will just be common crimes for which the law has already a procedure in place in order

04:09 to prosecute such crimes.

04:12 Sir, what is your reaction to Senator Alan Peter Cayetano's statement that the designation

04:17 as terrorist of the Tevez brothers and their supposed associates aims to ensure that they

04:23 could not wield influence and frustrate the investigation into the political killings

04:28 in Negros Oriental?

04:31 That is off-tangent because there is no influence to be wielded.

04:36 He has been suspended.

04:39 There is a virtual state of martial law in Negros Occidental, especially in the district

04:45 of Congressman Tevez.

04:46 They are the ones who have been the victims.

04:49 The Tevezes have been the ones who are the victims of illegal searches, harassment tactics

04:54 by the government.

04:55 What influence is he talking about?

04:57 With all due respect to the good senator, I think it misses the point entirely.

05:03 Sir, the AMLC has moved to freeze all his assets.

05:07 Do you think this would force Representative Tevez out of hiding?

05:10 Because there is an ongoing preliminary investigation where he is asked to submit an answer and

05:16 explain his side.

05:17 But with his non-participation, the prosecutors will continue to resolve the case based on

05:24 the complaint alone.

05:25 The DOJ said there was no counter-affidavit filed.

05:30 Do you think he will turn up any time soon to answer or face these allegations?

05:36 That is not true, actually.

05:38 In all of the preliminary investigations of all the charges unleveled against Congressman

05:45 Tevez, we have been fully participating.

05:49 We have to understand that under the Constitution, a person, any person under investigation for

05:56 the commission of a crime or an offense has the right to be heard by himself and/or by

06:02 counsel.

06:03 So we are his counsels.

06:05 We have submitted the necessary documents in the form of motions to dismiss in all of

06:10 these cases because the bulk of the arguments are purely legal.

06:17 The witnesses in the Degamo murder, all 10 of them have recanted their testimony.

06:22 So the prosecution panel cannot operate in a vacuum.

06:27 They cannot find probable cause where there is none and in the absence of any evidence.

06:33 Remember that any person at all stages of a criminal investigation has the presumption

06:39 of innocence in his favor.

06:41 It is up to the government to prove that he is guilty.

06:44 It is not up to us to prove that he is innocent because the law already presumes that.

06:50 And the law, the Constitution itself, the fundamental law says that you cannot compel

06:56 any person accused of an offense or a crime to speak up.

07:00 He has the right to remain silent and that right extends to all stages of the prosecution.

07:06 Sir, I hear you, and we've all seen the video.

07:10 It was a heinous crime to kill all of those people.

07:13 No doubt, no doubt.

07:15 In Roel Degamo's home.

07:17 So sir, I've watched all of your interviews regarding this case, and you mentioned at

07:22 one point that there's a deeper, wider conspiracy to this.

07:27 So you're saying that someone else is the mastermind to the assassination of Governor

07:31 Roel Degamo.

07:32 Yes, it is.

07:33 I agree.

07:34 It is a heinous crime, but a heinous crime cannot be made less so if you are prosecuting

07:43 the wrong person.

07:44 That is why I'm saying there is more to this than meets the eye because it seems that from

07:48 day one, the government has been fixated on Congressman Tevez.

07:53 A month or so ago, there was a person who emerged saying that there was another mastermind.

08:00 What did the Secretary of Justice do?

08:03 He summarily dismissed the testimony of that person even without an investigation.

08:08 So I'm saying there is no chance at all, at least at the level of the Department of Justice,

08:14 because the Secretary of Justice who exercises supervision and administrative control over

08:20 all prosecutors have already said very early on that Tevez is the mastermind.

08:27 How can the prosecutors now find otherwise?

08:31 In order to exonerate Tevez, they will have to say impliedly that the Secretary of Justice

08:37 is wrong, terribly wrong.

08:40 What prosecutor is willing to do that at the risk of his or her career?

08:47 Sir, Congressman Arnie Tevez is currently absent to God knows where and I know you're

08:52 not allowed to disclose that.

08:55 Well, I'm sure God knows where.

08:57 Yes.

08:58 I guess my question is, do you plan on filing an appeal on delisting him as a terrorist?

09:09 Yes, definitely.

09:10 We will exhaust all legal remedies because that is my duty as a lawyer and because I

09:16 believe in my heart of hearts that my client is innocent of all these crimes.

09:22 Sir, do you think, based on your statement, that there is someone else, another mastermind,

09:29 not Tevez?

09:30 Do you think Congressman Tevez, with his cooperation, if and when he will cooperate, he would be

09:37 able to point a finger to this supposed mastermind?

09:41 Congressman Tevez is cooperating.

09:45 In fact, in so many public pronouncements, he has already enumerated some possible masterminds.

09:53 He said it could be a matter of a huge unpaid death.

09:57 It could be a matter of revenge.

09:58 There is the love triangle angle.

10:01 But unfortunately, as I've said, the DOJ is fixated on Congressman Tevez.

10:06 In their close minds, all other theories, all other possible masterminds, all other

10:13 scenarios cannot enter anymore.

10:16 Sir, an alleged hitman of Tevez was killed in a reported shootout with police in Bayawan

10:22 City, Negros Oriental on Monday.

10:25 Are you familiar with Alex Mayagma?

10:29 Never heard of him.

10:30 That is the operative word, alleged.

10:33 Anyone can allege anything in the Senate, even in the DOJ.

10:37 But then, as the Supreme Court said, accusation is not synonymous with guilt.

10:42 You have to prove your allegation.

10:43 Otherwise, there is no case at all.

10:45 As in this case, where all of the witnesses in the Negamo murder have recanted their testimonies

10:51 very early on, even before the case has gone to court.

10:55 Lastly, sir, this is more of a personal question.

10:58 So his continued absence is making him a lot of enemies in the government, being trapped

11:02 between a rock and a hard place, almost.

11:06 Do you plan on staying as Tevez's legal counsel until all of this is over?

11:11 Of course, definitely.

11:12 You know, Ezra, I'm a grizzled veteran.

11:15 I've been doing this for 32 years.

11:18 And I have defended a lot of controversial people, Mayor Lim, President Erap.

11:24 There was the fertilizer funds scam, 10 Little Indians, former President Gloria Macapagal-Arroyo.

11:32 And I have prosecuted other cases.

11:35 You know, a lawyer cannot accept or decline cases based on how popular the side that he's

11:42 taking is.

11:43 You know, my name is not Harry Roque.

11:46 I'm willing to take on difficult, unpopular cases, even if it makes me enemies, because

11:52 that is the advocacy of a lawyer.

11:55 A lawyer who bases his acceptance of clients based on popularity is a traitor to his profession.

12:03 So you know, I've done this time and again.

12:07 President Macapagal-Arroyo was very wildly unpopular when she was being persecuted by

12:14 the Aquino government.

12:15 We were able to secure an acquittal.

12:17 The fertilizer funds scam was very unpopular.

12:20 The alleged perpetrators.

12:22 But what happened?

12:23 They were acquitted.

12:24 Erap, in his tax case, was also acquitted of paying 2.9 billion pesos.

12:32 I could go on and on, but I can rest assure you that when I take on a case, I see it to

12:39 its very end, notwithstanding its unpopularity or the danger to myself or any enemies I may

12:48 make.

12:49 Because you know, I would like to end this interview with a quote.

12:54 This is a point by a British statesman.

12:57 He says, "You have no enemies," you say.

13:02 My friend, the boast is poor.

13:04 He who has waded in the frame of public interest must have made folks.

13:13 If you have none, poor is the work that you have done.

13:20 Remaining strong as always.

13:21 Thank you so much, Legal Counsel Representative Devis Attorney Ferdie Topacio.

13:26 Thank you very much.

13:28 My pleasure and God bless.

13:29 Thank you, sir.

13:30 Thank you.

13:39 Thank you.

13:40 Thank you.

13:40 [BLANK_AUDIO]

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