MANILA — The helicopter pilot accused of helping the suspects in the killing of Negros Oriental Governor Roel Degamo to flee has asked state prosecutors to reconsider the resolution indicting him as a co-conspirator in the murder charges filed against him, along with former Representatives Arnolfo Teves, Jr. and several others.

In a motion for reconsideration dated September 1, Captain Lloyd Garcia II dismissed as “speculative” the finding that he aided in the escape of some of the suspects.

The DOJ resolution indicting Garcia claimed he manned the helicopter which brought 5 suspected Degamo killers from Dumaguete to Davao without submitting a flight plan and passenger manifest to conceal the flight.

“With all due respect, the above opinion of the DOJ Panel is speculative. All along, the subject Helicopter (BELL RP-C1055) was in Davao City. Hence, it cannot be considered as a Get-Away Helicopter by the assassins, who murdered Governor Degamo on March 4, 2023,” he said in the motion filed on his behalf by his lawyers from Real & Real Law Offices.

He said there is no evidence that he flew the helicopter from Davao to Dumaguete on March 5, 2023, the day after Degamo’s killing, in preparation for the alleged escape on March 6, 2023.

Noting that there were already manhunt operations for Degamo’s killers after his killing, which led to the death of 1 suspect and the arrest of 2 others, Garcia said it would have been “illogical and contrary to human experience” for him to risk his life by flying out the suspects to Mindanao.

Garcia highlighted inconsistencies in the prosecution’s version of the events.

Extrajudicial confessions of his co-accused Rommel Patagguan and Rogelio Antipolo, he said, were inconsistent as to where the helicopter was supposedly headed — Cotabato City for Patagguan and Sultan Kudarat for Antipolo.

He also raised the issue of the capacity of the helicopter, an argument frequently raised by Teves himself against the DOJ.

“It should be noted that the subject Bell Helicopter with Body Number RP-C1055, is just a single engine Helicopter, which can only accommodate a maximum of five (5) people, including its Pilot. Hence, the assertion that the subject Helicopter allegedly flew [with six (6) people on board] around 9:00 A.M. on March 6, 2023 for around two (2) hours to Mindanao (specifically, to Barangay Kir-kir, Cotabato City per Patagguan, and to Sultan Kudarat, Maguindanao per Antipolo), is unbelievable,” he said.

Aside from Patagguan, the 4 others who supposedly flew on the helicopter were Winrich Isturis, Daniel Lora, Eulogio Gonyon, Jr. and John Louie Gonyon.

Garcia argued that even assuming that he did fly the 5 suspects to Mindanao, he insisted he could not be accused of conspiring in the commission of the crimes of multiple murder, frustrated murder and attempted murder since his supposed participation came after the commission of the crime.

“[T]here is no such thing as ex-post facto conspiracy,” he said.

“Ex post facto” means after the fact.

He added, the witnesses in the case have recanted their statements, although DOJ prosecutors said the validity of the recantation is best resolved by the court.

Garcia also raised issues of privacy, claiming that the documents on the helicopter were obtained from the Civil Aviation Authority of the Philippines (CAAP) without any court order, allegedly violating the constitutional right to privacy and the rights to communication and correspondence, aside from the Data Privacy Act.

“Capt. Garcia had legitimate expectation of privacy as regards the Flight Manifests and Flight Plans of the subject Bell Helicopter which he submitted to CAAP. Unfortunately, these highly confidential CAAP documents were whimsically seized without any court order and without Capt. Garcia’s and his passengers’ knowledge and/or written consent, whatsoever,” he said, stressing the the documents are inadmissible.

Garcia, Teves and 3 others were charged for the murder of Degamo and 9 others on August 18, while 11 others suspects were earlier charged for the same crimes.

Only 11 are so far under custody. Both Garcia and Teves are outside the country while authorities have yet to report on the whereabouts of the 3 others charged.

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