THE Sandiganbayan has acquitted former Bacolod City councilor Carlos Jose Lopez on the case filed against him for an issuing truck ban exemptions to truck companies and individuals operating in the city.
The 21-page decision, which was promulgated on May 28, 2018, was signed by Associate Justice, Chairperson Ma. Theresa Dolores Gomez-Estoesta and concurred by Associate Justices Zaldy Trespeses and Bayani Jacinto.
The copies of the decision were distributed by Lopez to the media Wednesday, September 19.
The Sandiganbayan’s Seventh Division ruled that Lopez’s demurrer to evidence is hereby granted. Accordingly, he is acquitted of the crimes charged.
The order stated the cash bond posted by Lopez is ordered released, as well as to set aside the Hold Departure Order issued by this court against Lopez on August 1, 2017.
The order issued by the Bureau of Immigration incorporating Lopez in the Hold Departure List was also recalled and cancelled.
The Office of the Ombudsman had earlier charged Lopez before the Sandiganbayan with three counts of usurpation of authority or official functions under Article 177 of the Revised Penal Code.
It stemmed from the complaint filed by former Bacolod City mayor Monico Puentevella in 2014.
A demurrer to evidence is an objection by one of the parties in an action, to the effect that the evidence which is adversary produced is insufficient in point of law, whether true or not, to make out a case or sustain the issue.
The order stated that the Prosecution failed to establish in writing the three subject letters to Police Senior Inspector Benedicto Villarias, accused Lopez usurped Villarias authority as head of the Bacolod Traffic Authority Office (BTAO), or the Provincial Council’s authority, to issue and approve truck ban exemption.
The testimony of Prosecution witness Puentevella that Lopez’s letters were used as truck ban exemptions lacked support from evidence and personal knowledge, while the testimonies of Reynaldo Ebreo and Villarias even tended to prove that Lopez’s letters to Villarias were just that letters, and not the truck ban.
In fine, Prosecution evidence is insufficient to hold Lopez liable for the crimes charged, the order further stated.
On June 27, 2018, the Sandiganbayan also denied the motion for reconsideration filed by the Office of the Ombudsman.
Lopez said it’s only a fabricated case filed against him by Puentevella.
“That time, Puentevella has control of the whole city hall where he ordered the department heads not to give me any information to defend myself in said case,” he said.
Lopez noted that this would be one of the fastest cases resolved by the Sandiganbayan.
“Through this development, I already redeemed my name and finally there’s justice. The case was resolved through the merits,” Lopez said.
Lopez disclosed that he could also file for damages, criminal and administrative charges against Puentevella.