THE family of Amierkhan Mangacop has petitioned the City Prosecution Office (CPO) to upgrade the case against Dr. Marvin Rey Andrew Pepino from homicide to murder.
Lawyer Gibb Cabahug, legal counsel of the family, filed last Friday the motion for reconsideration on the resolution of the CPO, which filed a homicide case against Pepino.
Gibb also said that the CPO filed before the Regional Trial Court Branch 17 the petition for hold departure order against Pepino last week after the latter posted bail immediately after the filing of the homicide case.
In downgrading the case against Pepino to homicide, the CPO claimed that there was no probable cause” to file a murder case even as the family of the vcitim maintained that the Pepino, a non-uniformed personnel of the Police Regional Office, murdered the 19-year old based on evidence.
Mangacop’s family said in a statement that the downgrading of the criminal case to homicide was “just a minor setback” as they still believed in the judicial process of the country.
The family said the CPO should review the pieces of evidence “with fairness and equality,” as they believed there is a “strong basis” to charge Pepino, a son of a late police general, for the killing of the boy who was killed with the use of hollow-point bullets, a special kind of ammunition which causes more damage once it hits the victim.
The use of these bullets are prohibited under the Hague Convention of 1899, Declaration III, the statement reads.
It added that the prosecutor’s office should have taken into consideration the fact that Pepino is a champion shooter and that the shooting happened in the presence of a police officer.
The family has requested for a clarificatory hearing with the prosecutor’s office along with National Bureau of Investigation (NBI)-Davao, which submitted additional evidence last July 15 after conducting a parallel investigation upon the family’s request.
“We also pray na kung may pa birthday kay Dr. Pepino, sana naman meron din tayong pa birthday kay Amierkhan (If you have something for Dr. Pepino’s birthday, we hope that you will also have one for Amierkhan’s birthday),” they said.
Mangacop, who was allegedly shot by Pepino following a commotion at Lugar Café and Bar at Corner V. Mapa and J. Camus Extension Streets on July 2, would have turned 20 on Saturday, July 23.
The prosecutor’s office released a joint resolution on July 19, finding probable cause to indict Pepino for the lesser, bailable offense of homicide, not murder, as the pieces of evidence submitted by investigating authorities failed to establish treachery and evident premeditation, the circumstances which would have qualified the crime as murder.
The indictment for the crime of homicide allowed Pepino to post bail on Thursday for a total of P180,000 – P120,000 for homicide and P60,000 for violating Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act.
Meanwhile, the prosecutor’s office filed Thursday a motion to cause issuance for a precautionary hold departure order (PHDO) against Pepino before the Regional Trial Court Branch 17 of Davao City.
It said that it is imperative that a PHDO be issued directing the commissioner of the Bureau of Immigration to prevent Pepino from leaving the country to escape prosecution during the pendency of the case.
Meanwhile, the Davao City Police Office (DCPO) said in a statement that the public should respect the rule of law and let the judicial process take its course.
“The outcome of the preliminary investigation solely depend on the panel of prosecutors’ appreciation of the result of the investigation and of the pieces of evidence gathered and submitted by both the DCPO and the NBI,” it said.
The police also encouraged the public to refrain “from giving baseless conclusions and speculative comments that would incite the bereaved family as well as the public to lose trust in our justice system, and can add further emotional pain that the family is suffering.” with a Mindanews report
