Dr. Marvin Rey Andrew Pepino was released after the City Prosecutors Office (CPO) found no probable cause for murder as charged, thus reduced the case to homicide.
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 predawn on July 2. The victim sustained six gunshot wounds causing his death, according to the National Bureau of Investigation (NBI) after the conduct of an autopsy of his remains.
The CPO in its 15-page joint resolution said that the killing of Mangacop was not attended by any qualifying circumstances under Article 248 of the Revised Penal Code.
Pepino posted a bail of P120,000 for homicide case and another P60,000 for violation of Section 31 of Republic Act 10591, or the carrying a licensed firearm outside residence without a permit.
The homicide and RA 10591 charges were filed before the Regional Trial Court (RTC) Branch 17.
The killing of Mangacop is not treacherous, according to the resolution.
“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 resolustion 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 Mangacop family, in its statement claimed the release of the accused is timely for his birthday.
They are still discussing their next move with their lawyers.
On Wednesday afternoon (July 20), the family has filed a motion to cause the issuance of a precautionary hold departure order before the city prosecutor.
The family feels that since the accused has the financial capacity, he would escape prosecution by going abroad for good.
The Mangacop family vowed to continue to fight for justice.