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BY MAE SINGUAY
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Tuesday. September 19, 2017
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BACOLOD City – Former councilor Carlos Jose Lopez pleaded not guilty on the accusations filed against him for three counts of usurpation of official functions before the Sandiganbayan Seventh Division.
Sandiganbayan associate justice Ma. Theresa Gomez-Estoesta and associate justices Zaldy Terspese and Bayani Jacinto signed an order dated Aug. 29 directing Lopez and his legal counsel to attend the preliminary conferences before the Division Clerk of Court on Sept. 11 and 18 at the Sandiganbayan Library.
Marking of documents or exhibits to be adopted in the pre-trial on Oct. 6 will be done in the conferences, the order stated.
The criminal complaint was lodged by former mayor Monico Puentevella on June 3, 2014 before the Office of the Ombudsman Visayas in Iloilo City.
On March 9, 2015, the Ombudsman Field Investigation Office supplemented the complaint with an affidavit stating that Lopez had issued truck ban exemptions to certain companies and individuals operating in the city.
The Ombudsman found that Lopez was administratively guilty of grave misconduct, meting him with a dismissal penalty and its accessories, a Sept. 2, 2016 order stated.
It further stated that in any event the dismissal penalty cannot be enforced due to Lopez’ separation from service, a fine which is equivalent to his annual salary shall be imposed.
The Ombudsman also found probable cause to indict Lopez with three counts of usurpation.
On Sept. 13, 2013, then officer-in-charge Senior Inspector Benedicto Villarias of the Bacolod Traffic Authority Office received three letters.
The first, second, and third contained the following statements: “1. The following are exempted from the truck ban because they deliver perishable and agricultural cargo, 2. The following companies are exempted from the truck ban provided they will not enter within the perimeter of San Juan Street, 3. I am granting the request of AVA Construction to be exempted from the truck ban.”
The Ombudsman order stated that “Lopez has completely disregard and clearly violated Section IV(E) of City Ordinance (CO) No. 542 in relation to CO No. 338.”
Considering that Lopez committed the transgression repeatedly, he acted with deliberate intent, the order further explained./PN
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