A MOTION to fix bail filed by the counsel of accused former Davao Regional Intelligence Unit chief Leonardo Felonia who was tagged in the murder of Cebu-based businessmen Richard King on June 17, 2014 was denied by Regional Trial Court 16 presiding Judge Emmanuel Carpio.
In an order dated August 11, 2016 issued by Judge Carpio it was stated that during the scheduled hearing for the motion to fix bail filed by the accused last June 17, 2016 the prosecution opted not to cite the testimonial evidence but opposed the instant motion.
Likewise, the accused Felonia through counsel did not present testimonial evidence to support his motion to fix bail.
After hearing arguments of defense lawyers and the filing of the motion, along with the opposition filed by the prosecution, the parties were directed to file respective memoranda within 15 days without extension which memorandum should not exceed in fifteen pages.
The memoranda filed by Felonia’s counsel states the accused can avail bail because (a) the only qualifying circumstance alleged, qualifying the crime charge to murder, is qualifying circumstance of treachery and (b) the assertion of treachery is by reason that “the said victim was then in no position to defend himself due to the sudden unexpected attack of said accused, thereby inflicting upon the said victims injuries which caused his death.”
Felonia also argued that the amended information in this case cannot be amended to add anymore qualifying circumstance in view in the arraignment of the accused and that the qualifying circumstance may only be appreciated by those who knew the manner of the crime committed even there is an allegation of conspiracy of information.
The accused also established the sole circumstance of treachery cannot be appreciated against Felonia in this case and added it is the body of the information and not the designation of the crime that determines the nature of the offense filed.
Under the circumstance the accused Felonia is entitled to bail the case as a matter of right.
The prosecution countered that the motion to fix bail should be denied because the information adequately charges accused Felonia of crime of murder based on the allegations that accused Felonia conspired and confederated with other accused as basis of the collective liability of the accused.
The order read that based on the amended information, there were three circumstances that attended the alleged commission of murder against the accused and this is: conspiracy, treachery, and consideration of the price.
Only one aggravating circumstance is enough to qualify to qualify the killing to murder, the rest constitute generic aggravating circumstances.
With respect to evident premeditation, the hiring of Tiguman to kill the victims for a price, providing the victims picture and the meeting to carry out the killing provide more than sufficient evidence to appreciate the same.
The same evidence on price established conspiracy between the appellants. Consequently the act of one is the act of all.
The order read that in the instant case, while the allegation of treachery may not be appreciated against accused Felonia, the allegations of conspiracy and consideration of price can appreciably apply to him, which is the basis of the denial of the motion.
The pre-trial of the case is set on September 6.