Bacal could lose his job as city councilor – Cabanlas

July 16, 2008

bacal victim junrie balingit By Lizanilla J. Amarga

City Councilor Alden Bacal could lose his seat at the City Council of Cagayan de Oro after he drove the vehicle that rammed the body of 14-year old Junrie “Babay” Balingit and then left the teenager to die without offering any help, said a former city councilor and practicing lawyer.

Atty. Edgar Cabanlas who served for nine years served as chairperson for the City Council’s committee on rules said an administrative case of Grave Misconduct filed and won against Bacal at the Department of Interior and Local Government (DILG) can mean being booted out from City Hall.

“Kicked-out gyud siya sa City Council (Bacal will be kicked out from the City Council),” the lawyer who is also being eyed by the Balingit Family to stand as their legal representative said yesterday.

He added that a simple affidavit-complaint with attachment from witness would suffice the filing of an administrative case which does not require “proof beyond reasonable doubt” or “preponderance of evidence” but merely “substantial evidence.”

Substantial evidence is relevant evidence as a reasonable mind might accept as adequate to support a conclusion as defined by the Supreme Court in Richardson v. Perales.

Also, Cabanlas said Bacal may be charged under Article 365 of the Revised Penal Code or Reckless Imprudence Resulting to Homicide which would have only contained a lesser penalty as this law only punishes the negligence of the driver who has no criminal intent.

But because Bacal failed to render help to the victim, he said the Art. 365 as amended by Republic Act 1790 provides in the last paragraph that the “penalty next higher in degree” be imposed against “the offender who fails to lend on the spot to the parties such help as may be in his hands to give.”

“That means Bacal faces the penalty of six years and one day to 12 years imprisonment not to mention the damages,” he said.

Also, the Rules on Procedure provide that all three administrative, civil and criminal charges can proceed against the offender simultaneously.

Already the Balingit Family said they are gathering evidences and witnesses.

Junrie’s mother Regie Balingit said they already know that there were at least two witnesses who saw the whole incident and even Bacal when the latter was crawling out of his vehicle after it hit the victim on the side of the road and turned sideways.

“Dunay witness nga pagawas ni Kagawad Bacal gi-ingna siya oi kagawad ikaw man diay kana (When Bacal was coming out of the vehicle, we have a witness who told him that City Councilor Bacal it is you),” she told Gold Star Daily.

She added that there is even the motorela driver promised to stand as witness that Bacal was already on the wrong side of the road when his maroon Toyota Revo with plate number KCJ-161 hit the victim Junrie.

Regie, Cacai and Gerardo, Sr. all mentioned names of who were there at the scene and on how these witnesses and even they themselves who rushed to the scene saw everything that 5:50 a.m. Thursday when the incident occurred.

Some of the witnesses will testify as to how they saw Bacal running off without offering any help to Junrie whose body was nailed to a tree with a chicken fence laced with barb wire and that they themselves were the ones who brought down the victim’s body.

The names however of these witnesses are now being withheld for personal and legal purposes. Evidences such as radio and newspaper accounts are now also being kept by the family for whatever use they may serve by the time they file the charges against Bacal.

The Balingit Family is now contemplating on asking the help of Cagayan de Oro City Cong. Rolando Uy who already visited them and gave some help as well as the legal assistance of former city councilor Atty. Edgar Cabanlas.

Gerardo, Sr. said he has heard of Cabanlas and his reputation of being a good lawyer.

Nevertheless, the Balingit Family said they would still welcome any legal help considering that they would be going against a city councilor who is under Emano’s protection and that the whole litigation process would take a very long process.

CLICK HERE for the latest 2nd Hand Laptops, Mobile Phones, SMART/ GLOBE /TALK 'N TEXT/ TOUCH MOBILE / SUN CELLULAR Postpaid, Pre-paid and International Roaming PROMOS, Philippine Airlines (PAL) and Cebu Pacific Airlines Airline AIRFARE DISCOUNT tickets for sale!

Check out our Updated/Latest List of GOVERNMENT JOBS AND OTHER GOVERNMENT VACANT POSITIONS, PRIVATE JOBS, PRIVATE FULL-TIME JOBS, PRIVATE PART-TIME JOBS and OTHER ONLINE JOBS in this link!

Written by admin · Filed Under Cagayan de Oro