DAVAO CITY (MindaNews / 22 September) – The arraignment and pre-trial of Dr. Marvin Rey Andrew R. Pepino, who is accused of homicide for the killing 19-year-old Amierkhan Mangacop at a bar in Davao City last July 2, has been reset for one month from September 22 to October 21.
This after the accused, through his counsel Atty. Marcos Chua, Jr., filed a motion for dismissal before the sala of Municipal Trial Court in Cities (MTCC) Assisting Judge Sol Marie P. Andoy-Gawiden for “lack of jurisdiction.”
In her order issued on Thursday, Andoy-Gawiden directed public prosecutor Mae T. Cañete-Tupas to file her comment on the motion within five days.
After such period, the court will render its resolution on the motion filed by Pepino’s counsel, with or without opposition from the prosecution.
Pepino, a physician detailed at Camp Sgt. Quintin M. Merecido Hospital at the Police Regional Office (PRO)-Davao, allegedly shot the victim seven times following a heated altercation at Lugar Café and Bar at Corner V. Mapa and J. Camus extension streets.
The counsel for the Mangacop family refused to give a comment on the motion to dismiss, saying they could not discuss the “merits of the case since it is already filed in the court.”
On September 21, Judge Estrelita S. Tolentino-Rojas of the Regional Trial Court voluntarily inhibited herself from handling the case to avoid “any perception of bias and partiality” on her part, as Pepino is represented by a counsel who is affiliated with the Tolentino Law Office, a law firm founded by her father.
A complaint for the crime of murder was filed before the City Prosecution Office on July 4.
However, the prosecutor’s office released a joint resolution last July 19, finding probable cause to indict Pepino for the lesser bailable offense of homicide, not murder, as pieces of evidence submitted by investigating authorities failed to establish treachery and evident premeditation, circumstances which would have qualified the crime as murder.
The indictment for the crime of homicide allowed Pepino to post bail for a total of P180,000 – P120,000 for homicide and P60,000 for violating Republic Act 10591 – for his temporary release.
RA 10591 is otherwise known as the Comprehensive Firearms and Ammunition Regulation Act. (Antonio L. Colina IV / MindaNews)