In a 14- page ruling dated July 19, the CPO amended the complaint against Pepino for no probable cause exists to charge respondent for murder based on the evidence submitted, particularly the CCTV footage of the incident.
Mangacop was shot seven times by Pepino, a non-uniform personnel assigned at the Police Regional Office (PRO) as physician outside a local bar here past midnight on July 2.
The victim sustained six gunshot wounds causing his death, according to the National Bureau of Investigation (NBI) that autopsied the remains of the victim on July 12.
The CPO in its resolution said that the killing of Mangacop was not attended by any qualifying circumstances under Article 248 of the Revised Penal Code.
Firstly, the killing of Mangacop is not treacherous.
“The circumstance that an attack was sudden and unexpected to the person assaulted did not constitute the element of alevosia necessary to raise homicide murder, where it did not appear that the aggressor consciously adopted such mode of attack to facilitate the perpetration of the killing without risk to himself,” the resolution stated.
It also stated in the resolution that treachery cannot be appreciated if the accused did not make any preparation to kill the deceased in such manner as to insure the commission of the killing or to make it impossible or difficult for the person attacked to retaliate or defend himself.
Moreover, there is no treachery when the killing resulted from a verbal altercation between the victim and the assailant such that the victim must have been forewarned of the impending danger, it said.
“The essence of treachery is the sudden, unexpected, and unforeseen attack on the person of the victim without the slightest provocation on the part of the latter,” the resolution added.
The resolution also emphasized that the deceased Amierkhan was aware of impending danger.
“His group saw respondent fall, get up, and tuck his firearm on his waist prompting them to go away or retreat from the respondent,” it added.
The resolution further said that the shooting cannot be considered as treacherous when respondent was down on the ground after being ganged up by several persons.
“There is no abuse of superior strength,” according to CPO ruling.
It also indicated that the respondent did not deliberately take advantage of, or abuse, his having a firearm during the fight as he was in fact in a disadvantageous position at the time he shot Amier.
There is likewise no evident premeditation considering that there is no evidence to show that even prior to their meeting at Lugar Bar, respondent already planned to kill Amierkhan, it emphasized.
However, probable cause exists to charge respondent for homicide under Article 249 of the Revised Penal Code.
In this case, Amierkhan was killed and there is no clear showing or clear evidence to rebut the presumption that there was an intention to kill.
Based on the respondent counter-affidavit, he only acted in defense of his person considering that he was being attacked by several persons the moment he fired his gun and killed Amierkhan.
The motion to downgrade the information for murder to homicide was signed by City Prosecutor Jhopee S. Avanceña.
Meanwhile, the Mangacop family expressed their disappointment over the CPO's decision to downgrade the charges filed against the accused.
The family said they are outraged and shocked at the speedy release the CPO Resolution.
They said it was only Friday (July 15) that the NBI submitted the results of its investigation.
“We pray that this is the usual process for every case and not simply because Dr. Pepino is rich and influential,” Mangacop family said in a statement.
“We hope this downgrade to homicide is not just someone’s birthday gift to Dr. Pepino, as he will be celebrating his birthday tomorrow. The Family is expecting Dr. Pepino to post bail and go home today and to celebrate his birthday tomorrow. At the same time, we do not yet know how to commemorate Amierkhan’s birthday this Saturday, July 23, 2022,” the statement said.
The Family will discuss with their legal counsels in their next move as they are asking for everyone’s prayers.
The family vowed to continue to fight for justice.