The Regional Trial Court (RTC) Branch 14 in the city, through Presiding Judge Gerardo C. Braganza, acquitted Felonia for the murder of King in Bo. Obrero, Davao City on June 12, 2014.
Apart from Felonia, other co-accused were Paul Dave M. Labang (gunman), Romnel Escote Dela Cerna (lookout), and Rodel Escote Dela Cerna (driver of the getaway vehicle).
In a decision Tuesday afternoon (Feb.7), the court ruled that the prosecution failed to prove with moral certainty that Felonia was the Principal by Inducement in the murder.
Romnel and Escote were previously discharged for having entered a plea of guilty to the lesser offense of Homicide and the gunman Labang was discharged as state witness.
The court explained that the conspiracy to commit murder was not proven beyond reasonable doubt. In particular, testimonial and object evidence supported the acquittal of Felonia.
While the gunman alleged that Felonia called him several times in connection with the crime, the forensic examination of Labang’s cell phone revealed that Labang did not receive any calls the day before or on the day of the murder.
The decision further said the testimony of Labang contained inconsistencies which were substantially rebutted by the testimony of the officers of the Regional Intelligence Unit (RIU) Compound which proved that Labang did not meet Felonia in the Regional Intelligence Unit (RIU) Compound.
Moreover, the bullet recovered at the crime scene did not match the firearm recovered from gunman Labang.
Forensic examination of the firearm allegedly used as the murder weapon was doubtful evidence, so to speak, as the firearm was already used as evidence in five previous shooting incidents in 2012 (Quezon City), 2013(Region V), 2014 (Davao City), the court further stated.
Felonia, former director of the PNP Regional Intelligence Unit 11 was detained for nine years before his acquittal.
"So that was the reason given by the court that there could not have been no basis to convict Felonia for the offense, thus, he was acquitted for the charges filed against him," lawyer Caesar Europa said in a short zoom interview after the release of his client.
Europa said they are very happy with the decision, adding it was a long, hard fought case especially for Felonia who was detained since 2014.
"It's really a vindication for him and we are very happy for the successful termination of the case against him and giving him a pace of freedom again," he said.
King, owner of the Crown Regency Group of Hotels and health products company Vital-C, was shot at close range in the head while in a gathering of his distributors inside Vital-C’s building in Bo. Obrero.
King was also the chair of the Vital-C Land Development Corp, the CEO of J. King and Sons, the president of Fuente Triangle Realty Development Corp and the founder and director of Boracay Multiple Properties Developers Inc.
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