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Thursday, October 20, 2005
CA ruling lets us focus on Ecleo, Bacolod family says
For the family of Alona Bacolod-Ecleo, the Court of Appeals’ (CA) decision to nullify the conviction of Cedrick Devinadera means there’s still hope in their quest for justice.
But for Devinadera, the news of his impending release from prison seemed to bring no relief.
Siblings Niño, Ricky, Josebil and Chlea, who believe that former mayor Ruben Ecleo Jr. killed their sister Alona more than three years ago, considered the decision a sign that “there is still a God.”
Niño, speaking in behalf of his siblings, said they are hopeful the case against Ecleo will be strengthened, since the Devinadera case was already dismissed.
Scripted
“We are very happy that the Court of Appeals has clearly seen that everything that happened in Barili was scripted. Indeed, the truth will surely prevail,” Niño told Sun.Star Cebu.
Ildefonso Suerte, than a judge of the Barili Regional Trial Court, convicted Devinadera as an accomplice to homicide in May 2004.
Devinadera, a member of Ecleo’s Philippine Benevolent Missionaries Association, had earlier confessed that he helped Alona’s brother, Ben, in killing her last Jan. 5, 2002.
Judge Leopoldo V. Cañete declared the conviction null. The Court of Appeals agreed.
When visited in the Cebu Provincial Detention and Rehabilitation Center (CPDRC) yesterday, Devinadera admitted he had no idea of the development and, when asked how he felt after being told about it, he just replied, “Bahala na sila ana (I leave it all up to them).”
“Unya na ko motoo kon tua na gyud ko sa gawas kay sukad pa man na sa una nga wa’y klaro (I’ll believe it when I’m finally out of here),” said Devinadera.
Since his conviction in May last year, Devinadera has been chosen as the “assistant mayor” of his prison cell.
No trouble
He was not aware that the appeals court has nullified his conviction until Sun.Star Cebu showed him the newspaper report.
Jail officers described Devinadera as a quiet inmate who has not gotten into any trouble in prison.
He does not mingle so much with other inmates, preferring to walk out into the quadrangle only when the prisoners are allowed to get some sun, said assistant jail warden Reynaldo Pepito.
For their part, the four Bacolod siblings are under the Witness Protection Program, after their parents and two other siblings were killed in June 2002, five months after Alona’s death.
Lawyer Arbet Sta.Ana-Yongco, who used to prosecute the case against Ecleo, was gunned down in her residence in Barangay Zapatera, Cebu City last year.
Assistant Provincial Prosecutor Napoleon Alburo, who prosecuted the Devinadera case, said there is still an opportunity for them to either file a motion for reconsideration with the CA or elevate the matter to the Supreme Court.
Release
He, however, said he would leave it up to private prosecutor Jose Neil Nuñez to decide what legal action to take. Nuñez could not be reached for comment yesterday.
CA 20th Division Chairman Isaias Dicdican said it is already up to the court that tried the case to order the release of Devinadera.
It is now up to Judge Cañete to act on that decision, he added.
Lawyer Gloria Lastimosa-Dalawampu, who is representing the Bacolod siblings after the Integrated Bar of the Philippines intervened in the case, said she will immediately file a motion for Devinadera’s release.
Devinadera had been sentenced to four years and two months up to eight years in jail.
With Devinadera’s conviction no longer in effect, Niño said the Bacolod family has reason to celebrate a small victory.
“At least, we can now focus our attention on the case against Ecleo, because we really believe he was the one who committed the crime,” Niño said.
(GN/With MBG)
(October 20, 2005 issue)
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