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Bacal’s lawyer want City Fiscal to entertain only Regie’s criminal complaint

August 28, 2008

By Lizanilla J. Amarga

The lawyer for City Councilor Alden Bacal is now asking the City Prosecutors Office to take cognizance only of the private complaint filed by the mother of the victim against the city councilor for the death of her son 15-year old Junrey Balingit.

Atty. Henry Bacal said there are now two criminal complaints filed against his client for reckless imprudence resulting to homicide and damage to property – the one filed by the Cagayan de Oro City Police Office (Cocpo) and the one by Regie Balingit, the mother of the victim.

He is now asking the City Prosecutor Fidel Macauyag to “outrightly dismiss” the criminal complaint filed by the Cocpo chief S/Supt. Isagani Genabe, Jr. and SPO2 Rogelio Borromeo, Jr. for “lack of probable cause.”

“However, in that new case filed by private complainant (Regie Balingit) the City Prosecutor can make it a separate complaint and stand on its own merit,” he told GoldStar Daily.

Atty. James Judith, the legal counsel for the Balingits, said this is now up to the Prosecutors Office.

Another lawyer who requested anonymity said this is a “legal maneuver” because once the complaint filed by the police is dismissed they would now be free to settle with the parents of the victim.

Earleir, the Balingits already signed an affidavit of desistance signifying their lack of interest to file criminal charnges against Bacal.

A settlement of 200,000, a full scholarship and work for one of the spouses were pushed as settlement on the part of Bacal. However, Atty. Judith said Bacal failed to pay the balance of P50,000 and deliver what he promised.

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