Friday, August 15, 2008 Ma pressed charges vs Bacal By Annabelle L. Ricalde
OVER a month after her son was killed in a fatal road accident, the mother of 15-year old Junrie Balingit finally pressed charges against Councilor Alden Bacal Thursday.
After weeks of wrangling with Councilor Bacal's civil obligations, Atty. James Judith said his client decided to file the charges of reckless imprudence resulting in homicide and destruction of property.
This on top of the similar case already filed by the police that is currently being heard by the City Prosecutor's Office.
Atty. Judith said Reggie Balingit decided to file the case "once and for all" after Bacal allegedly reneged on the earlier agreed amount of P200,000 as civil damages to the family of the victim.
Bacal, according to Atty. Judith, has only paid P150,000 so far, and hinted not to pay the remaining amount in subsequent negotiations.
"Morag walay plano ang mga abugado ni Bacal to fully satisty the (remaining) balance as to the civil aspect," Judith told SunStar Cagayan de Oro.
If Bacal pays the remaining balance, the lawyer said his client would "automatically" drop the charges.
Meanwhile, the City Prosecutor's Office gave both parties 10 days to hammer out the remaining disagreements over Bacal's civil liabilities.
But City Prosecutor Fidel Macauyag made it clear that negotiations taking place between Bacal and the Balingits have no bearing on the criminal aspect of the case.
In Philippine jurisprudence, criminal cases are instituted on behalf of the state, with the principals acting only as witnesses, as the case warrants.
Aided by lawyers Henry Bacal and Michelle Anayron, Bacal asked the City Prosecutor's Office to dismiss the case against him.
He contended that the complaint filed by the police was "devoid of any material and relevant facts" that would link him as respondent to the incident.
He described as "hearsay" the content of the police report identifying him to be the man who accidentally killed Junrie on July 10 in a road accident near the city's landfill in Barangay Carmen.
In various media interviews, the councilor has admitted being the driver of a Toyota Revo that bumped Junrie to death. He also admitted having had a drink or two hours before the incident, but insisted he was not drunk.
Meanwhile, Macauyag assured that his office can already resolve the case by September.
Thursday's proceeding was supposed to finalize all evidences from both parties.
