Rap vs ex-Bacolod dad based on hearsay?

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BY ADRIAN STEWART CO
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Thursday, March 1, 2018
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BACOLOD City – The Sandiganbayan has granted former Bacolod City councilor Carlo Jose Lopez’s plea to file a demurrer to evidence on the case filed against him for issuing truck ban exemptions to truck companies and individuals operating within this capital city.

The anti-graft court has allowed Lopez to file his petition, with a leave of court permission, within a non-extendible period of 10 days from receipt of the resolution that was publicly released on Wednesday.

A demurrer to evidence is filed when a party believes that a court’s ruling was based on insufficient evidence.

Lopez filed the plea to contest the court’s admission of the prosecution’s witnesses, which he said was based on hearsays.

Lopez also believes that the case lodged against him was in retaliation to the case he filed against former Bacolod City mayor Monico Puentevella.

“To give accused Lopez a chance to elucidate on his grounds why there is insufficiency of prosecution’s evidence, he is granted leave to file a demurrer to evidence,” part of the Sandiganbayan resolution stated.

The Office of the Ombudsman has charged Lopez before the Sandiganbayan with three counts of usurpation of official functions under Article 177 of the Revised Penal Code.

Lopez was later ordered dismissed from service after being found guilty of grave misconduct for issuing truck ban exemptions to certain truck companies and individuals operating within Bacolod in 2013.

The decision stated that Lopez was under pretense of official position and “without being lawfully entitled to do so,”issued truck ban exemptions to the truck companies and individuals.

In his counter-affidavit, Lopez said there was no deliberate intent on his part to usurp the power and authority, saying that his letter to exempt was merely recommendatory./PN
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