Charges against Bacal designed to fail – lawyers

July 27, 2008

fidel macauyag, james judith, parents, city prosecutors office

By Lizanilla J. Amarga

The criminal charges filed against City Councilor Alden Bacal at the City Prosecutor’s Office contained allegations and attachments to make it appear weak and insufficient resulting to its inevitable dismissal eventually, lawyers said yesterday.

Because of this, former city councilor Atty. Edgar Cabanlas and Atty. James Judith voiced hopes that the City Prosecutors Office under Fiscal Fidel Macauyag will exercise the full extent of their investigative powers.

This Cabanlas said particularly citing a rule that what is not alleged in the complaint that will be filed in court cannot be proved in court.

Judith called the complaint and its attachments contained information “riddled with inconsistencies and omissions that are chicken feed to any ordinary lawyer” to have it dismissed.

“The complaint was designed to fail. I call it legal tweaking. Most of the averments are practically keyguides for the defense lawyer to pound on,” Judith told Gold Star Daily.

He added that the affidavit of desistance was “hastily made” and that the complaint and attachments is a “classic example of anticipating any legal maneuverings or contrary points.”

The lawyers pointed out what they refer to as “badges” evidencing that the case is already made to appear weak and deliberately concocted to be dismissed, if not at the fiscal’s office then at the court with Bacal escaping with only a slap on his wrist.

They started out with the 15-paragraph affidavit of complaint signed and sworn to by SPO2 Rogelio Borromeo which, although contained the complete requisites or elements for a crime of reckless imprudence resulting to homicide under Art. 365 of the Revised Penal Code, already made mention that “no one could voluntarily” witness for the case.

But even media practitioners have copies of the three affidavits that were supposed to be signed last July 16, 2008 by the mother of the victim Regie Balingit and two witnesses Pedro Aninipoc, Jr. and Maricar Amper.

Judith said the affidavit of desistance signed by the parents of the victim and notarized by City Councilor Adrian Barba last July 16, 2008 was also attached in the complaint-affidavit filed by the police.

“Where can you find an information with a desistance already appended?,” he said.

Judith also pointed out how Borromeo, in his affidavit complaint against Bacal, was already defending the city councilor.

He cited how Borromeo wrote in his affidavit that he supposedly met with Bacal at the Carmen Police Station and that he was the one who brought the city councilor to the Maharlika Police Headquarters for “custodial investigation.”

However, Judith pointed out that later how Borromeo said the city councilor has to be released as no complainant arrived and then filed the complaint himself with the approval of his superior Cagayan de Oro City Police S/SUPT. Isagani Genabe.

“The whole thing is merely perfunctory. Gapanagang na sila daan,” he said.

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Written by admin · Filed Under Cagayan de Oro