DAVAO CITY – The Mangacop Family has filed a motion for reconsideration of the joint resolution of the City Prosecutor’s Office indicting Dr. Marvin Rey Andrew R. Pepino, suspect in the shooting of a 19-year-old Grade 9 student at a local bar early this month, for homicide instead of murder.

The family of the Amierkhan Mangacop, in a statement, said they hope the prosecutor’s office would review the case ‘with fairness and equality,’ as they believe that there is a strong basis to indict Pepino for the crime of murder.

They said the prosecutor’s office should have taken into consideration the seriousness of 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.

The family said that the prosecutor’s office should have taken into consideration the fact 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 at the prosecutor’s office in coordination with National Bureau of Investigation (NBI)-Davao, which submitted additional evidence last July 15 after conducting a parallel investigation of the crime upon their 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.

Amierkhan, who was shot seven times 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.

The prosecutor’s office released a joint resolution last July 19, finding probable cause to indict Pepino for a lesser and bailable offense of homicide, not murder, as 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 R.A. 10591 – for his temporary release.

Meanwhile, the prosecutor’s office filed Thursday a motion to cause issuance for a precautionary hold departure order (PHDO) before the Regional Trial Court Branch 17 of Davao City.

It said that it is imperative that a PHDO order 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.

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 depends 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 NBI (National Bureau of Investigation) 11,” 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.’