Lawyer Caesar Europa announced to media on Tuesday that former director of the PNP Regional Intelligence Unit 11 Col. Leonardo Felonia has been acquitted for the murder of businessman Richard King in 2014 after almost nine years in detention.
“The case against Col. Felonia for the murder of Richard King was set for promulgation and the entire decision was read and the judge acquitted Col. Felonia of the charges against him basically on the basis of the finding that the evidence given to implicate him of the offense the testimonies of the prosecution witnesses were insufficient and even contradicted by evidence including forensic evidence,” Europa, lead counsel of Felonia, said via Zoom on Tuesday afternoon.
In a decision handed down by the RTC Branch 14 of Davao City through Presiding Judge Gerardo C. Braganza dated February 7, 2023, the Court ruled that the Prosecution failed to prove with moral certainty that Felonia was the Principal by Inducement in the murder.
“It is very important to note that really in the decision of the court, the court pretty much said that allegations of Labang against Felonia were contradicted by evidence,” Europa said.
Europa was referring to Felonia’s co-accused Romnel Escote dela Cerna (lookout) and Rodel Escote dela Cerna (driver of the getaway vehicle) were previously discharged for having entered a plea of guilty to the lesser offense of homicide and the gunman Paul Labang was discharged as state witness.
The decision with a copy released to the media by Europa and collaborating counsel lawyer Jaja Buenaventura of Innominds Consultancy, explained that the “conspiracy to commit murder was not proven beyond reasonable doubt. In particular, testimonial and abject evidence supported the acquittal of Col. Felonia. While the gunman alleged that Felonia called him several times in connection with the crime, the forensic examination of Labang’s cellphone revealed that Labang did not receive any calls the day before or on the day of the murder.”
It also said that “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 Col. Felonia in the Regional Intelligence Unit (RIU) Compound. Moreover, the bullet recovered at the crime scene did not match the firearm recovered from gunman Paul Labang. Forensic examination of the firearm allegedly used as the murder weapon was a 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).”
Europa said forensic evidence is of great help for the acquittal of Felonia.
“There’s the saying that people may lie but objects evidence cannot lie. Like for example the forensic examination of the cellular phones where the judge noticed and pointed it out that the fact that the forensic examination did not show records of phone calls that were supposedly made put into question the veracity of the allegations na may mga tawag. And also very important that there were witnesses also from the PNP from the previous command of Col. Felonia that some elements of and even retired na at the time he testified na galing ng RIU 11 who testified to the fact that on the days na wala pang claim that he went there and that Col. Felonia supposedly gave him money, etc. they were there and they never saw him there. Reading the actual transcript of their testimonies, you would realize that they were with Felonia the entire time and he was never alone and the people who were with him attested to the fact that they never saw Paul Labang there,” Europa said.
When asked if Felonia will be reinstated in his former post following his acquittal, Europa said they will discuss this in the future but there is basis to reinstate his benefits.
“That is administrative in character what was decided today was just criminal case. Personally, I think there can be basis for him to petition the PNP kasi lampas naman sa retireable age si Felonia I think there’s basis for him to ask the PNP to at least reinstate the benefits that he should have receive in retirement because it was this case the very reason why there was an adverse decision against him administratively. Hindi pa naming napag-usapan niyan, we are still celebrating our win for today. We will probably talk about that sometime in the future,” he said.
“Right now, we are very happy with the decision. This was a long, hard fought case specially for Col. Felonia. He’s been detained since 2014 and this afternoon is his first taste of freedom after suffering for so long being detained. It’s really a vindication for him and we are very happy with the successful termination of the case against him and giving him the taste of freedom again,” he added.
