DAVAO CITY (MindaNews / 22 July) – The family of Amierkhan Mangacop filed Friday a motion for reconsideration to the joint resolution of the City Prosecutor’s Office that indicted a doctor accused of killing him to the lesser offense of homicide instead of murder.
Dr. Marvin Rey Andrew R. Pepino was accused of killing Mangacop, a 19-year-old Grade 9 student who was shot at a local bar early this month following a commotion. Pepino is a non-uniformed personnel assigned at the Davao Police Regional Office.
In a statement, the victim’s family said the downgrade from murder to homicide was “just a minor setback” and that they remain hopeful in the judicial process in the country.
The family urged the prosecutor’s office to review the case “with fairness and equality,” noting that there is a “strong basis” to indict Pepino for murder because of the serious harm inflicted on Mangacop and 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.” (Antonio L. Colina IV / MindaNews)
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