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Suspended Negros Oriental Rep. Arnolfo Teves Jr.
Arnie A. Teves via Facebook
MANILA, Philippines — The lawyers of expelled lawmaker Arnolfo Teves Jr. have filed petitions challenging his arrest and detention.
Ferdinand Topacio, one of his legal counsel, said these include a habeas corpus petition.
“Kaya as we speak, ito ay kine-question po sa mga hukuman ng Timor-Leste sa pamamagitan ng ilang petisyon, kasama na ang petition for habeas corpus, na ang kanila ini-invoke ang provision ng Constitution ng Timor-Leste, na nasasaad doon na a judicial decision is mandatory and executory and no other orders from any authorities can prevail against it,” Topacio said to reporters in a Zoom conference.
A habeas corpus petition is a legal request filed with a court to review the legality of a person's detention or imprisonment.
If granted, Topacio said Teves would be brought to court, where authorities would be questioned on the validity of his arrest, the conditions of his detention, and his potential deportation destination.
When asked about Teves’ status in Timor-Leste, Topacio said that he was unsure. However, citing the generally accepted principles of international law, he said that a person who is applying an asylum should not be removed to the place where asylum is being sought.
“So for us, from the point of view of general provisions of international law, his arrest is highly irregular if the purpose of that arrest is to deport him,” he said.
Teves was rearrested on the evening of May 27 in Dili, according to his son Axl Teves.
Topacio said the expelled lawmaker is being held by Timor-Leste immigration authorities along with his lawyer.
Meanwhile, the Department of Justice (DOJ) said it has yet to confirm the reason for Teves' arrest and is awaiting official communication from Timor-Leste authorities regarding the expelled lawmaker.
It added the government is prepared to arrange the transfer of custody “by the most expeditious means.”
What does Timor-Leste law say about habeas corpus. The habeas corpus is defined under Article 33 of the Timor-Leste Constitution.
Under Article 33, it says:
1. Everyone who illegally loses his or her freedom has the right to apply for habeas corpus.
2. An application for habeas corpus shall be made by the detainee or by any other person in the exercise of his or her civil rights, in accordance with the law.
3. The court shall rule on the application for habeas corpus within 8 days at a hearing in the presence of both parties.
Charges against Teves. On Feb. 9, 2024, the Manila Regional Trial Court Branch 51 ordered the Department of Foreign Affairs to revoke Teves' passport. This order was issued because the Anti-Terrorism Council had designated the former lawmaker as a terrorist.
Teves fled the Philippines after the killing of Negros Oriental Gov. Roel Degamo and has remained abroad despite an expired travel authority.
He also faces multiple serious charges in the Philippines, particularly:
- Financing terrorism under the Terrorism Financing Prevention and Suppression Act.
- Alleged masterminding of Degamo's assassination on March 4, 2023.
- A separate murder warrant linked to three deaths in Negros Oriental in 2019.
