Bacal should file a counter-affidavit – Fiscal Macauyag

August 11, 2008

macauyag

By Lizanilla J. Amarga

Should Cagayan de Oro City Councilor Alden Bacal fail to submit a counter-affidavit at the City Prosecutors Office on the scheduled deadline, an information against him will be filed immediately at the local regional trial court.

The statement was issued in response to how Bacal’s legal counsel Atty. Henry Bacal told Cagayan de Oro City Fiscal Fidel Macauyag that they will have to come to a decision whether they will submit a counter-affidavit or not this August 14, 2008.

Macauyag said Atty. Bacal cannot tell that City Fiscal’s Office that they will not be filing any counter-affidavit as the allegations of the above police officers are “weak and merely hearsays.”

He said such a move will force them to elevate the entire matter to the local regional trial courts.

“If they (Bacal and his lawyers) will not submitting a counter-affidavit, then there will be a finding of probable cause and we will file an information against him in court,” he told Gold Star Daily.

Macauyag explained that City Councilor Bacal has issued and signed a duly notarized affidavit last July 12, 2008 admitting to being the driver of the maroon Toyota Revo KCJ-161 that hit and killed 15-year old Junrie Balingit who was at that time riding a bicycle at Upper Dagong, Carmen this city last July 10, 2008.

He said such are already “admissions” to the same allegations contained in the affidavit of complaint against Bacal as signed and filed by Cagayan de Oro City Police Office (Cocpo) chief Isagani Genabe, SPO2 Rogelio Borromeo and SPO2 Rogelio Bonggo.

Macauyag said the affidavit signed by Bacal already laid to rest two issues – the happening of the event which is the subject matter of the case and the establishing of the identity of the malefactor.

“Therefore, there is a need to submit a counter-affidavit on the part of respondent Bacal to explain the existence of this July 12 affidavit and to further explain why this affidavit was executed,” he said.

He added that Bacal cannot also file a Motion to Dismiss as Rule 112 paragraph c of the Rules in Criminal Procedure provides that a “respondent shall not be allowed to file a motion to dismiss in lieu of a counter affidavit.”

Macauyag described Atty. Henry Bacal’s reaction as being “surprised” when the city councilor’s lawyer was handed a copy of his client’s own affidavit.

“Atty. Bacal told me that he will have to confer with his client to decide as to whether or to submit a counter-affidavit and controverting evidence or not,” he said.

Macauyag said Atty Bacal even claimed that the July 12, 2008 affidavit signed by his client was “inserted in the records of the case.”

Macauyag said he had to explain to Atty. Bacal that it was impossible for this “insertion” to happen considering that the affidavit-complaint signed by Genabe, Bonggo and Borromeo mentioned the existence of his client’s affidavit.

He said it is, however, possible that his staff may have “inadvertently” failed to furnish Atty. Bacal the entire set of documents that were filed against his client.

Macauyag said this is the reason that he gave Bacal an additional 10 days to file the counter-affidavit.

“I am giving Atty. Bacal the benefit of a doubt because he was surprised when he saw the July 12 affidavit of his client. But there will no longer be any extension to the Aug. 14 deadline for them to file a counter-affidavit,” he said.

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Written by admin · Filed Under Cagayan de Oro