RTC Branch 73 Judge Mauricio Rivera issued the directive freeing Aurelio Omega, Lito Albarico, Joselito Rose, Eric Peñalosa and Noel Ginoso from detention based on the recommendation of prosecutor Gerardo Barot.
Acting on the defense lawyer’s petition for a reinvestigation, Barot found no sufficient evidence linking the five to the killing of lotto winner Arturo Eupeña last Oct. 28.
But a police investigator, PO1 Julius Ceasar Solis, claimed that Barot could have erred in his findings.
Solis said he personally confiscated from Albarico the caliber .45 pistol used in killing Eupeña and even the ignition key of the Toyota Corolla Grandia van the suspects took from the victim.
Eupeña won millions of pesos in a lotto draw last year. He celebrated his 58th birthday in his house at Nazareneville Subdivision in Barangay San Roque, Antipolo City and hosted a 24-hour drinking spree for his friends. He also handed out hundreds of pesos to those who attended the affair.
Eupeña had claimed that he earned a huge amount of money through commissions from selling idle lands.
A day after his birthday, Eupeña again hosted a drinking party in his home. While he was cleaning his yard, the suspects barged into his house and announced a heist.
Eupeña pulled out a newly bought caliber .45 pistol and opened fire, hitting one of the suspects. Another suspect drew out his handgun and shot Eupeña, killing him on the spot.
Eupeña’s wife and daughter were not at home when he was killed. They left after seeing armed men casing their house.
Less than a week after Eupeña’s killing, the Antipolo City police rounded up 11 suspects, including Rogelio Regalario, who managed to post bail last November.