I was judged wrongly, says Ecleo

PARRICIDE convict Ruben Ecleo Jr. feels he was “judged on the basis of public perception,” his lawyer said yesterday.

“Basically, it’s heartbreaking on his (Ecleo) part because he feels he’s not being treated correctly,” defense lawyer Jose Ventura Aspiras told reporters.

Judge Soliver Peras was scheduled to tackle the defense’s motion for reconsideration of his decision convicting Ecleo of parricide.

Peras, presiding judge of Regional Trial Court Branch 10, moved the hearing to Aug. 10 due to an ongoing inventory of cases.

Last April 13, Peras found Ecleo guilty of parricide for the death of his wife Alona Bacolod-Ecleo inside their house in Barangay Banawa, Cebu City in 2002.

Peras sentenced Ecleo to reclusion perpetua, or 20 to 40 years in prison.

Peras also ordered Ecleo to pay his wife’s heirs P25 million in compensatory damages, P200,000 in moral damages, P200,000 in exemplary damages, P200,000 attorney’s fees and P50,000 in temperate damages.

The Manila-based defense team of Ecleo filed the notice of appeal along with their entry of appearance.

The court’s ruling convicting Ecleo of parricide “is contrary to the facts and the law and jurisprudence applicable,” the defense said.

Judge Peras denied the notice of appeal after the lawmaker failed to appear when the court revealed its decision last April 13.

Ecleo failed to surrender on April 30, more than 15 days after the promulgation, or to justify his absence from the promulgation, the prosecution said.

Peras also issued an arrest warrant for Ecleo on May 9, the same day the judge denied Ecleo’s notice of appeal.

The defense lawyers appealed the denial, arguing that Judge Peras denied the ousted Dinagat congressman’s appeal and deemed his verdict final even though the accused has not been heard.

“Had the accused been directed to reply, justifiable reasons for the accused’s failure to attend the promulgation would have been shown,” said Aspiras, Silvestre Bello III and Lucas Carpio Jr.

Reply

They said the court resolved the issue based on its observation and the prosecution’s comments without requiring their client to submit a reply.

The only pleading that Ecleo filed after his conviction was a notice of appeal and a notice of appearance of his new counsels. Defense lawyers said the court should have set a hearing on the notice of appeal.

In an interview, lawyer Aspiras said Ecleo “is very sad” and believes “every person deserves to be heard and be given due process with no biases.”

Aspiras said he spoke with Ecleo on the phone and discussed the possibility of his surrender.

But he declined to elaborate and cited lawyer-client privilege.

“Ang pinag-usapan namin are the prospects of the appeal,” he said.

“At this point, wala pa (voluntary surrender) since he thinks he can get justice still.”

Aspiras confirmed Ecleo is still in the country.

Removed

He also downplayed the prosecution‘s defense that Ecleo lost his right to appeal when he failed to attend his promulgation last April 13.

Had the oral argument pushed through yesterday, Aspiras said they could have expounded their arguments.

“But of course, para hindi naman ma over-prepared yong kabila (prosecution), we reserve our oral argument on this matter,’” he said.

Ecleo was recently dropped from the roll of the House of Representatives, following his conviction in two graft cases.

In a memorandum dated May 22, House Speaker Feliciano Belmonte Jr. ordered Majority Leader Neptali Gonzales II to delete Ecleo’s name, after the Supreme Court affirmed the Sandiganbayan’s decisions over his “numerous violations.”

The order took effect last May 31.

The Sandiganbayan disqualified Ecleo from taking up any position in government.