Friday, June 24, 2005
Ecleo asks for funds
By Grecar Nilles
Sun.Star Staff Reporter
SINCE the court has ordered former mayor Ruben Ecleo Jr. and his three children to undergo a DNA test, the accused wants the prosecution to pay for their travel, food and incidental expenses in coming to Cebu City.
In an urgent ex-parte motion to defer the taking of DNA samples—with a motion to direct the prosecution to advance payments—defense lawyers Orlando Salatandre and Giovanni Mata said the prosecution should be compelled to pay for the plane tickets of Ecleo, his three children, personal nurse and security personnel.
On top of that, Salatandre and Mata said the prosecution should also take charge of their appearance fees, hotel accommodations, transportation expenses, food allowances and incidental expenses.
But they maintained it would be best for the court to wait for the submission of the DNA results taken from the cadaver believed to be that of Alona Bacolod-Ecleo and her four siblings.
In their opposition, lawyers from the Integrated Bar of the Philippines, who stood as the prosecution panel in the case, said the defense’s motion is contemptuous.
“Accused’s motion is not only preposterous but also contemptuous, let alone dilatory. Knowing that the prosecution lacks financial resources, accused wants to frustrate justice by asking the prosecution to shoulder the expenses of the accused, his children, nurse and personal security and the lawyers,” the opposition read.
Mockery
“At all, if the accused complains of expenses, that is the price he has to pay for the bail that he had asked for. If he complains of expenses, this Honorable Court will just return him back to jail, where he will not ask for any expenses to comply with the orders of this Honorable Court,” lawyers Fritz Quiñanola and Kit Enriquez said.
The prosecution said that paying for the fees and expenses of the two defense lawyers would be absurd and a mockery of justice.
“There is no law or rule that the prosecution will spend for the accused’s expenses. The exercise of the coercive powers of the court is without any price,” the opposition read.
The prosecution earlier asked for a DNA examination of the cadaver, the four Bacolod siblings, Ecleo and his three children to determine whether the body was indeed that of Alona.
Experts from the National Bureau of Investigation, PNP Crime Laboratory and University of the Philippines-National Science Research Institute earlier took DNA samples from the cadaver and three Bacolod siblings.
The three government agencies have yet to submit their findings to the court.
Ecleo, who heads the Philippine Benevolent Missionaries Association, is accused of strangling to death his wife Alona more than three years ago in their residence in Banawa, Cebu City. He has denied the charge.
(June 24, 2005 issue)
Write letter to the editor.Click here.
Join the Sun.Star message board.Click here. |
