DOJ Secretary Raul Gonzalez ordered Cebu provincial prosecutor Pepita Jane Petralba to implement his order, but Petralba just endorsed the copy of the DOJ resolution to Cebu City prosecutor Nicolas Sellon because the case originally belonged to the city prosecutor's office.
Aside from the Go couple, the two other respondents of the case are SP01 Roberto Petillos, the policeman bodyguard of Roderick Go, and Go's driver Henry Baritua Jr.
In his resolution dated June 20, Gonzalez said there is no evidence proving that the accused kidnapped and tried to kill King on June 24, 2002. Go was reportedly the one who slashed King's throat with a box cutter at the rooftop of the Metrobank building in Plaridel Street.
After Sellon received the records of the case from Petralba last week, he decided to immediately file a motion to withdraw the case before the Regional Trial Court, but he is also afraid that somebody would accuse him of having a personal interest on the case.
Sellon is still waiting for the opinion of Gonzalez as he already sent a letter to the DOJ on July 7.
Sellon said while he is willing to comply with the directive to file a motion to withdraw the information of the case against Go and the others, yet he is faced with legal obstacle brought about by the fact that the order to withdraw the said information is specifically directed to the provincial prosecutor.
King's lawyer Deolito Alvarez threatened to initiate legal action against Gonzalez for issuing a resolution reversing the decision of the Supreme Court that already ruled that the filing of the criminal case against the Go couple and two others are in order.
The Supreme Court's third division has already issued a resolution on March 30 denying with finality the petition for certiorari filed by one of the respondents questioning the filing of the case against them, but instead the SC affirmed the decision of the Court of Appeals that ruled the validity of the case filed in court.
King, treasurer of J. King & Sons Company, was called by Go to come over to the rooftop of the Metrobank building in Plaridel Street on June 24, 2002 to discuss about a check that Go issued to King as his payment for a P20-million debt, but bounced. But when King arrived at the place, Go reportedly asked King to help him look for his ring inside the trunk of his car.
But, while King was bending over to look for the ring inside the baggage compartment, Go allegedly slashed King's throat and other parts of his body with a box cutter and pushed him inside the trunk.
Go then allegedly drove the vehicle down to the parking level where Grace Go and the two other accused stayed behind as lookouts and to block off the rooftop.
But, fortunately King who sustained 36 slash wounds, still managed to convince the accused to bring him to the hospital.