Police sues City Councilor Bacal

July 22, 2008

atty. ravanera, jane rubica, jay bago, rogelio borromeo

By Lizanilla J. Amarga

The Cagayan de Oro City Police Office (Cocpo) yesterday filed criminal charges against City Councilor Alden Bacal at the City Prosecutor’s office.

Cocpo city police director S/SUPT. Isagani Genabe and SPO2 Rogelio Borromeo yesterday signed and filed a case of Reckless Imprudence Resulting to Homicide with Damage to Property. It was lodged at the Fiscal’s Office under I.S. No. 08-G-2679.

Genabe debunked reports that they were dragging their feet in the filing of the case against the city councilor due to some influence from some local elected officials.

He explained that they were still gathering the data needed for the case and this took some time.

“There was no intention to delay the filing of the case, we were just gathering the facts for the filing of the case,” he told Gold Star Daily.

Genabe said they are only after the “criminal aspect” of the case which cannot be just set aside.

“So even if there is already an out of court settlement or even an affidavit of desistance from the parents of the victim, it does not matter. Those are only relating to the civil aspect of the case,” he said

He added that the filing of the criminal case against Bacal is “just part of their job” but now “it would be up to the City Prosecutor to determine whether there is probable cause.”

Borromeo said he received Genabe’s order to file the charges last Monday but that the City Prosecutor Fidel Macauyag was unable to pull out a single prosecutor who would notarize the documents to be filed.

He said he also talked with his legal counsel and cousin Atty. Manuel Ravanera who has always handled all the legal entanglements involving him and his family.

“Labi na nga pirmiro pani nga kaso nga gi-file namo nga duna naman desistance sa pamilya sa biktima (Especially as this is the first time that we are filing a case even if there is already a desistance signed by the family of the victim),” he said.

After Borromeo filed the case, he submitted his documents to Genabe and then furnished copies to Ravanera.

Ravanera for his part said Borromeo sought legal assistance from his office as he was being “harassed and bombarded with vindictive words over the radio.”

He said Borromeo do not deserve the treatment as he “dutifully observed his obligations and responsibilities” as a police officer.

“However, despite the existence of an Affidavit of Desistance of the parents of the victim, the police force through City Director Genabe insisted on the filing of the case,” he said.

The charge sheet was accompanied by an affidavit of complaint issued by Borromeo as the officer designated to investigate the vehicular accident involving Bacal who drove the vehicle that killed a15-year old Junrie Balingit at Upper Dagong , Carmen last July 10, 2008.

Also, there were copies of the two police blotters which were the narration of Bacal and Balingit’s aunt Jennifer Balingit-Dolar, Police Traffic Division report, the medical certificate of Bacal, the Traffic Accident Investigation Report and a “Special Written Report Re-Vehicular Accident of Hon. Alden D Bacal.”

There were photocopies of Bacal’s driver’s license, the Certificate of Registration of Bacal’s maroon Revo with plate number KCJ-161 found at the scene of the crime and the death certificate of his young victim.

There was also the affidavit of desistance signed by Balingit’s parents Gerardo Balingit and Regie Balingit that was subscribed and sworn in by City Councilor Atty. Adrian Barba and records relative to Bacal being detained for 12 hours at the Maharlika Headquarters and was released around 8:00 a.m. “without any complaint filed against him” that July 10, 2008.

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Written by admin · Filed Under Cagayan de Oro