THE legal counsel of PltCol. Leonardo Felonia said new evidence presented in the court was the reason for the latter’s acquittal in the murder case of businessman Richard King.
“The forensic examination did not show calls that were supposedly made,” Atty. Caesar Europa said during the virtual press conference on February 7, 2023.
The cellular communication forensic examination was conducted by Police Master Sergeant Nino Warren Almonia.
Almona said that the gunman turned witness Paul Dave Labang’s phones, Nokia 6300 and Samsung GT 6330 did not record any incoming call registered on June 9, or June 10, 2014, and even the extra sim card was empty.
“With regards to the extra sim card, the only information extracted was the number of SIM card. There was no other information that was extracted, the reason could be the extra sim card was not used,” Felonia’s 22-page promulgation document said.
Aside from the forensic result, witnesses testified on Felonia’s alibi on the day of the incident.
“They were with Col. Felonia the entire time, he was never alone, and the people who were with them, attested the fact that they never saw Paul Labang there,” Europa said.
In 2014, Labang claimed that he met Felonia in the Regional Intelligence Unit Davao Region’s office, where he received the payment of P120,000 to kill King.
Also, Labang said he was able to talk to Felonia’s man named Dodong before the execution of the murder.
The acting presiding judge, Gerardo C. Braganza said in the promulgation document that to convict a person as the prime suspect by inducement, requisites should be established.
“The inducement be made with the intention of procuring the commission of the crime, and such inducement be the determining cause of the commission by the material executor (U.S.
vs. Indanan, 24 Phil. 203),” reads the promulgation.
It also states that “to constitute inducement, the inducer must have a positive resolution and very persistent act to secure the commission of the crime with the person induced consequent to very strongest kind of temptation.”
“The court reiterates that the act or declaration of a conspirator relating to conspiracy and during its existence may be given in evidence against a co-conspirator, but after conspiracy is over, it must be shown by evidence other than such act or declaration, hence, the prosecution has fallen short of the parameters,” he said.
Meanwhile, Europa said they will talk with Felonia in order to request the Philippine National Police (PNP) to reinstate Felonia’s benefits as he used to be a police officer.
“Lampas naman sa retirable age si Col. Felonia (He is already past the age of retirement), so I think there’s a basis for him to ask the PNP to reinstate his benefits,” he said. KSD