Prosecutor Noel Bince ordered the release of the suspect, Joel Flores, 28, of Barangay Domampot, Asingan town, a few hours after the latter was presented at Camp Crame.
Senior Superintendent Alan Purisima, provincial police director, told The STAR that they had to abide by Binces order releasing Flores from detention.
Bince said the police could not detain Flores because the murder case filed against him last Tuesday could not be subjected to an inquest because he was not immediately arrested after the killing.
Flores was nabbed last June 1 after he allegedly poked his caliber .45 pistol at policemen led by Superintendent Marlo Chan, regional intelligence officer, who are helping Task Force Doton solve the killing.
With Binces move, the murder case against Flores will undergo the normal process: Flores will submit his counter-affidavit and if the prosecutor finds probable cause, will endorse the case to the court, after which a warrant of arrest will be issued against him, said Superintendent Noli Taliño, head of Task Force Doton.
Doton, 62, was gunned down in Barangay Camanggaan, San Nicolas town last May 16. His younger brother, Cancio, was wounded in the attack.