The Department of Justice on Tuesday clarified that the order of a Manila Regional Trial Court directing the Department of Foreign Affairs to cancel the passport of expelled Negros Oriental 3rd district Rep. Arnolfo Teves Jr. is not immediately executory.
DOJ Spokesperson and Assistant Secretary Jose Dominic Clavano stressed that Teves’ lawyers can still file a motion for reconsideration of the February 8 order issued by Judge Merianthe Pacita Zuraek of the Manila RTC Branch 51.
Earlier, the legal counsels of Teves vowed to exhaust all legal remedies to reverse the order of passport cancellation.
“Due process dictates that the decision will become final and executory in 15 days within which the camp of Teves can file any necessary pleading including a motion for reconsideration,” Clavano explained.
However, Clavano declared that the DOJ will oppose any appeal that Teves’ lawyers will file against the cancellation of their client’s passport.
“We will oppose the plans of the Teves camp to file an MR (motion for reconsideration) and appeal the decision even up to the Court of Appeals or the Supreme Court),” he said.
Clavano recalled that the DOJ filed last November before the RTC the motion seeking the cancellation of the passport of Teves who is believed to be still in Timor-Leste where he has sought political asylum.
“However, for all intents and purposes, the indications lean towards the rejection of the asylum application,” said Clavano, citing information received by the DOJ.
He pointed out that once the passport has been cancelled, Teves can no longer travel to any country and be compelled to come home and face multiple criminal charges lodged against him.
Teves and several of his alleged henchmen have been charged with 10 counts of murder, 12 counts frustrated murder, and four counts of attempted murder in the March 4, 2023 shooting in Pamplona, Negros Oriental where 10 persons were killed including Negros Oriental Gov. Roel Degamo.
Eighteen other individuals were allegedly seriously injured during Teves’ reign of terror in the province.
Teves had also been charged with murder for the deaths of three persons in Negros Oriental in 2019.
“The cancellation of Rep. Arnolfo Teves’ passport by the RTC at the first instance is in no way final and executory,” said Teves’ lawyer Ferdinand Topacio.
“There is still an entire slew of legal remedies available to us in order to reverse the same, and we fully intend to resort to all of them,” he pointed out.
Topacio issued the statement after Justice Secretary Jesus Crispin Remulla announced that Manila RTC Branch 51 has issued an order for the cancellation of Teves’ passport.
Topacio said it was ”extremely amusing to us as to why the Secretary of Justice is talking as if Rep. Teves has already been convicted.”
“I suppose that if you have a very weak case, every tiny victory is a cause for celebration,” he said.
“Mr. Remulla must be reminded that there is no rational connection between the cancellation of the passport and Rep. Teves’ guilt as either an alleged terrorist or an accused in a criminal case,” Topacio said, even as he reminded that “the presumption of innocence remains.”
