Bacal given 10 days to answer police raps

July 27, 2008

fidel macauyag

By Lizanilla J. Amarga

The Office of the City Prosecutor is now giving City Councilor Alden Bacal 10 days to answer the charges of reckless imprudence resulting to homicide and damage to property filed against him and submit it on Aug. 4, the same day the preliminary hearing is scheduled.

Cagayan de Oro City Prosecutor Fidel Macauyag said a complaint affidavit has been filed by SPO2 Rogelio Borromeo against Bacal, and thus, the city councilor must answer the allegations contained within in a duly executed counter-affidavit.

He said the Rules on Criminal Procedure provides that the accused Bacal is given 10 days to submit his counter-affidavit from the date of receipt.

He added that he had already issued the order last July 23, 2008 even while they were attending a four-day seminar sponsored by the Department of Justice (DOJ) at the Grand Caprice Restaurant this city.

Macauyag explained that after Bacal has submitted his counter-affidavit and the preliminary hearings are completed, he has to determine whether there exists “probable cause” that a crime of reckless imprudence resulting to homicide and damage to property has been committed by Bacal.

“If we find probable cause after the preliminary investigation, then we will file a case in court which will then issue a warrant of arrest for Bacal,” he told Gold Star Daily in an interview Wednesday night.

The case will be raffled off by Judicial Regional Court 10 executive judge Jose Escobido to any of regional trial court judges under his jurisdiction.

Probable cause is defined by the Supreme Court as the existence of enough facts and circumstances to warrant a reasonable man to conclude that the person committed the crime he is accused of. It is distinguished from “proof beyond reasonable doubt” as the latter already requires moral certainty.

Moreover, Macauyag said he will be also be looking into whether Bacal abandoned his victim and was allegedly “reeking with liquor” at the time of the incident.

He explained that this is still pursuant to Art. 365 of the Revised Penal Code as amended by Republic Act 1790, which “increases the penalty of the crime charged to one degree higher.”

“If we find probable cause based on the allegations that he abandoned his victim and he was reeking with liquor at the time of the incident, the possible penalty is prision mayor pursuant to Republic Act 1790 or six years and one day in prison to 12 years,” he said.

But if there is a failure to prove that Bacal abandoned his victim, Macauyag said the penalty is only prision correcional or only with six years maximum.

He explained Bacal may avail of probation should his penalty be six years or less or when it is not proven that he abandoned his victim.

“But if it is prision mayor, he cannot avail of probation and must serve his sentence of imprisonment,” he said.

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Written by admin · Filed Under Cagayan de Oro