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Wednesday, July 13, 2005
But RTC can review health status of Ecleo
By Grecar Nilles
Sun.Star Staff Reporter
Prosecutors in the parricide case against Ruben Ecleo Jr. received another blow, after the Court of Appeals (CA) sided with the former mayor in his bail petition.
But Ecleo, who is out on a P1-million bail even if the charge he faces is non-bailable, cannot claim victory yet.
The appeals court also said the Regional Trial Court (RTC) hearing the case can review and decide if the accused is still worthy to enjoy bail for health reasons.
In a decision dated July 7, the CA’s 19th Division ruled that Ecleo’s release more than a year ago, on account of failing health, was valid.
However, it found “worthy of emphasis” RTC Judge Generosa Labra’s ruling that the prosecution showed the possibility of guilt was strong—and that ruling still stands.
“(Ecleo) is now out on bail only for health reasons,” it added.
Although the CA can automatically dismiss the prosecution’s petition due to a technicality, the appellate court still ruled there was no irregularity in granting bail to Ecleo.
Lapse
The private and public prosecutors handling the case committed a lapse in filing the petition on their own, because the rule states that only the Office of the Solicitor-General can file and defend cases in the CA and the Supreme Court on behalf of the state.
“Be that as it may, there is nothing to prevent the court below from reviewing or revisiting the grant of bail to (Ecleo) based on medical or health reasons,” the ruling read.
But the prosecution panel questioned the haste the appellate court took in resolving the matter. They said it only took the CA seven days to resolve the petition.
Surprised
The CA released its decision last July 7.
“The prosecutors in this case were totally surprised why it was so fast for the CA to decide on the case. But we will either file a motion for reconsideration on the CA’s ruling, or just file a motion with the RTC questioning the health condition of Ecleo. We will check whether Ecleo is still a walking time bomb,” prosecution lawyer Fritz Quińanola said.
Ecleo, who heads the Philippine Benevolent Missionaries Association, stands accused of killing his wife Alona in January 2002.
A government doctor earlier claimed that Ecleo, who was then detained at the Bagong Buhay Rehabilitation Center (BBRC), was suffering from pneumonia and was practically a “walking time bomb.”
Though parricide is a heinous offense, for which no bail is granted, Judge Labra granted Ecleo’s petition for bail, but let go of the case before a release order could be issued.
RTC Judge Anacleto Caminade issued Ecleo’s release order last April 20, 2004.
The CA justices admitted that the Constitution and Rules of Criminal Procedure are silent on whether an accused may be released on bail for health reasons. But the Supreme Court, in several cases, has said bail can be granted for health considerations, the CA added.
“Francisco dela Rama vs. People’s Court is the leading case that admitted an accused to bail for health or medical reasons. Likewise, in the recent case of Estrada vs. Sandiganbayan, the release of an accused on bail based on medical or health reasons was impliedly recognized,” the CA said in its ruling.
The appeals court added that the defense proved the failing health of the accused and that his continued detention would endanger his life.
(July 13, 2005 issue)
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