On Friday, Associate Judge David Wiseman reconsidered his earlier ruling that Hocog, 22, may have committed murder in the second degree when he assaulted Larry Gonzales, 37, who died three days after the incident.
Wiseman said there must be “malice aforethought” to constitute murder in the second degree.
A police detective earlier testified that Hocog punched Gonzales once on the victim’s left cheek.
The court noted that this was the only evidence presented.
The Attorney General’s Office has yet to issue statement on the matter.
The remaining charges against Hocog are one count of voluntary manslaughter, one count of aggravated assault and battery, and assault and battery.
Gonzales’ remains have arrived in his hometown in Pinamalayan, Mindoro Oriental, an island province south of Manila.
It was a tearful reunion for Gonzales’ nine-year-old daughter who was only two when her father went to Saipan as a contract worker, Variety learned.
Hocog is currently under the custody of the Department of Corrections since his arrest on March 4.
The court set a $100,000 cash bail for his temporary liberty.
Hocog was arrested by police for assaulting Gonzales near Kagman High School in the afternoon of March 1, 2010.
Gonzales died due to brain contusion and laceration as a result of blunt trauma after being in a coma for three days at the Commonwealth Health Center’s intensive care unit.
