THE Office of the City Prosecutor in Bacolod has dismissed the criminal case against Bacolod Councilor Carlos Jose Lopez and his counsel Belinda Siason-Villa for lack of probable cause.
The perjury case was filed by former City Legal Officer Rayfrando Diaz II last July 31.
In a resolution signed by Ferdinand Castro, Senior Assistant City Prosecutor, dated September 14, 2015, resolved that after a judicious scrutiny of the evidence presented by complainant Diaz vis-a vis the prevailing circumstances surrounding the case, they found no probable cause to indict respondents Lopez and Villa for the crime charged.
The resolution stated that Diaz failed to substantiate and submit proof that the allegations in the position paper executed and verified by Villa were false.
Other than the bare allegations of the complainant, there is no evidence on record that would warrant a finding of prima facie case against the respondents for the crime of perjury, the resolution read.
It added that even assuming that there was some shade of falsehood in the position paper executed and verified by Villa, still the charge of perjury must fail.
“Mere assertion of falsehood is not enough to amount to perjury. The assertion must be deliberate and will full,” the resolution stated.
Diaz said he has not received the copy yet of the resolution. He added that he will check the reasons of the City Prosecutor and see if he needs to file a motion for reconsideration. (CNC)