Police failed to follow procedure – Fiscal Fidel Macauyag

July 27, 2008

fidel macauyag, james judith, parents, city prosecutors office, reckless imprudence resulting to homicide with damage to property

By Lizanilla J. Amarga

The Cagayan de Oro City Police (Cocpo) failed to follow the correct procedure when it did not turn-over City Councilor Alden Bacal to the City Prosecutor’s Office the moment the city councilor surrendered himself for driving the vehicle that hit and killed 15-year old Junrie Balingit at Upper Dagong, Carmen last July 10.

City Prosecutor Fidel Macauyag said Bacal has voluntarily surrendered to the police authorities that same day of the incident.

He explained that the police should have brought Bacal to the City Prosecutor’s Office immediately for an inquest proceeding.

“Bacal could have been detained by the police officers and the inquest proceedings immediately conducted after the incident,” he told Gold Star Daily.

But because the police failed to follow the correct procedure and instead filed the charges without turning over the person of the accused, Macauyag said the situation has forced them to proceed with Bacal’s case following the procedures of a preliminary investigation instead of an inquest proceeding.

“We cannot detain Bacal unless there is a warrant of arrest. His case is now under preliminary investigation while he is free,” he said.

The Rules in Criminal Procedure dictate that an inquest be conducted when there is a valid warrantless arrest against a person or that the person has voluntarily surrendered himself to the authorities admitting responsibility to an offense.

Also, in a preliminary investigation the accused is free, while in an inquest proceeding, the accused is under custody to be released only when an information against him is filed in court, a warrant of arrest is issued against him by a competent judge and that he has posted bail or was released in recognizance.

Atty. James Judith voiced suspicions that the police were actually aware that they had the duty to turn-over Bacal to the City Prosecutors when the city councilor voluntarily surrendered himself as being the driver of the maroon Toyota Revo that killed Balingit.

He expressed convictions that the mangling of the correct criminal procedure in detaining and instituting a criminal case against Bacal was deliberately done by the police authorities to force the City Fiscal to do a preliminary investigation instead of an inquest.

“The calibrated it in a way to spare Bacal the embarrassment of a detention. It is very apparent in their procedure,” he said.

However, Judith said Bacal can still be arrested should the city councilor fail to attend the Aug. 4, 2008 preliminary hearing as a subpoena has been issued for him to do so.

This lawyer disclosed that he is now studying the possibility of filing a misfeasance case against the police officers who were involved in Bacal’s case.

“The police can also be charged with Graft and Corruption for there must have been a consideration given to them, whether financial or future promise, that precluded them from detaining and turning-over Bacal to the authorities,” he said.

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Written by admin · Filed Under Cagayan de Oro