Crime raps vs. Bacal weakened as dead victim’s parents back out

September 5, 2008

By Lizanilla J. Amarga

The criminal charges against Cagayan de Oro City Councilor Alden Bacal for the death of 15-year old Junrey Balingit weakened as the parents of the victim has now formally withdrawn their private complaint from the City Prosecutors Office.

Both Gerardo Balingit, Jr. and his wife Regie Balingit Wednesday afternoon signed their second affidavit of desistance in front of their legal counsel Atty. James Judith after a preliminary hearing with Bacal’s lawyer Atty. Michelle Anayron, Sr. and the panel created by City Fiscal Fidel Macauyag.

Judith explained that the signing of the second affidavit of desistance can result to the dismissal of the entire criminal case of reckless imprudence resulting to homicide and damage to property against Bacal.

He said the complaint affidavit separately filed by Cagayan de Oro City Police Office (Cocpo) city police director S/Supt. Isagani Genabe, Jr. and traffic officer SPO2 Rogelio Borromeo, Jr. “will no longer prosper without the complaint of the parents.”

“And besides, with the desistance of the parents, the City Prosecutor’s Office can now find any basis to dismiss it because the concerned would no longer mind,” he told Gold Star Daily.

He added that the resolution would be “finely crafted as to the effect rationale for the dismissal and that it would include the grounds that a desistance had already been signed by the parents of the victim and that there is “failure to prosecute.”

Panel members assistant city prosecutors Gregorio Borja, Wenida Papandayan and Isagani Ravidas will soon schedule a meeting to discuss whether to proceed or dismiss the Bacal case.

The panel will come to a consensus on whether or not to proceed using the criminal complaint filed by the police and that sworn statements of the three eye witnesses who had already submitted their affidavits earlier to boost the criminal complaint filed by the victim’s mother Regie Balingit.

The panel’s resolution, however, will still pass through Macauyag considering that he will be the one who will eventually sign the dismissal of the case or the information to be sent to court.

Meanwhile, Judith said signing of the second affidavit of desistance was prompted by the full payment of the settlement money in the amount of P200,000.00 as well as the commitment of Bacal to also shoulder the payment of the tombstone and niche.

He said Bacal also promised the Balingit couple to give educational scholarships for their remaining four children and work for one of the spouses but that no longer asked for these compensations as part of the settlement and as a pre-condition for the signing of the second affidavit of desistance.

“We didn’t ask for it because I told my clients (Balingit spouses) that Kagawad Bacal cannot make such commitments (scholarship and work) because that would still need the approval of the City Council,” he said.

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Written by admin · Filed Under Cagayan de Oro