Teves moves to dismiss 2 illegal possession of firearms, explosives raps

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Teves moves to dismiss 2 illegal possession of firearms, explosives raps

Mike Navallo,

ABS-CBN News

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Rep. Arnolfo Teves Jr. gives a statement regarding alleged threats his camp discovered back in January. Courtesy of Arnolfo Teves Jr. Facebook page
Rep. Arnolfo Teves Jr. gives a statement regarding alleged threats his camp discovered back in January. Courtesy of Arnolfo Teves Jr. Facebook page


MANILA — Suspended Rep. Arnolfo Teves, Jr. moved on Friday for the dismissal of 2 separate illegal possession of firearms and explosives complaints against him in connection with the raid in his house in Bayawan City, Negros Oriental.

In a 15-page verified consolidated motion to dismiss filed, Teves, through his lawyer Ferdinand Topacio, argued the complaints should be dismissed “for utter lack of evidence to support a finding of probable cause.”

“In sum, complaints miserably failed to discharge their duty to establish probable cause against Respondent Teves, Jr. as nothing has been shown to support his alleged constructive possession of any of the confiscated articles, much less of the premises where they were allegedly found,” the motion said.

Teves, who remains outside the country, was not in his house when the search was conducted on March 10 this year.

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He questioned the presence of a clearing team inside his house prior to the actual search. The clearing team allegedly entered his house without the owner and with no witnesses, allegedly violating his constitutional right against unreasonable searches and seizures.

“Hindi dapat sinearch and then ang ebidensya ay planted,” Topacio, Teves’ lawyer, told reporters.

“‘Yung pag-implement ng search warrant ay kaduda-duda. Wala po sa ating procedure na may papasok muna sa isang lugar na isesearch nang walang witnesses. After one hour, saka isesearch ay ‘yun ang pagkakataon na magtanim ng ebidensya,” he claimed.

(It should not have been searched, with the evidence planted. The implementation of the search warrant was suspicious. Our procedures fo not include entering an area and searching without witnesses.)

Teves, in his motion, also alleged the search violated the two-witness rule for searches under the Rules of Court.

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He said any evidence recovered during an illegal search was inadmissible in any proceeding.

Teves also cited his earlier statements and news reports where he claimed that Interior Secretary Benhur Abalos was allegedly plotting a raid and planting of evidence on his house.

Teves did not appear during Friday's preliminary investigation on the illegal possession of firearms and explosives complaints at the DOJ.

His sons, Kurt Matthew and Axel, who are his co-respondents, were also not present but were represented by lawyer Andres Manuel, Jr., who said they were also questioning the legality of the search.

The 2 complaints are now submitted for resolution.

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