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Wednesday, April 19, 2006
Prove Ecleo is healthy: lawyer
Ruben Ecleo Jr., who is accused of killing his wife four years ago, objected to the prosecution’s motion that he be medically examined in Cebu.
The prosecution wants the check-up used as basis for the court to decide whether Ecleo should remain out on bail or be sent back to jail.
But Ecleo’s lawyer Orlando Salatandre believes the prosecution is only fishing for evidence.
Time bomb
“They are implying that Ecleo has recovered from his illness yet they have no evidence. They are just speculating,” Salatandre said.
He will not allow his client to be subjected to another medical exam.
Ecleo was allowed to post a P1-million bail in March 2004 after a doctor his family hired to examine him testified that Ecleo is a “walking time bomb who may drop dead anytime because of probable cardiac complications.”
This time around, the prosecution wants government doctors to check Ecleo’s health.
Peak of health
“Based on reports, we are convinced that Ecleo is at the peak of health and chances are good that he will be recommitted in jail,” said private prosecutor Fritz Quiñanola.
Salatandre manifested his objection in open court yesterday as Regional Trial Court Judge Geraldine Faith Econg scheduled an oral argument on several motions pending in court.
The prosecution pleading was marred by a few typographical errors.
For instance, the motion for partial reconsideration on Econg’s resolution denying the admission of 36 pieces of evidence cited that the oral argument yesterday at 8:30 p.m. instead of a.m.
But other typographical errors include the labeling of evidence.
Wrong label
One such case is the certification of the PNP that Ecleo’s wife Alona Bacolod was reported missing on Jan. 6, 2002. The prose-cution’s motion labeled the exhibit as “II,” but the record shows that the exhibit labeled “II” is a shower curtain.
Econg called for a chamber conference with both parties to settle the issue.
But Quiñanola said those were just minor errors.
“We admit that there was difficulty in collating the evidence since we are not privy to it,” Quiñanola said.
The case was previously handled by slain lawyer Arbet Sta. Ana-Yongco.
“However, those are just minor problems that will not hurt the substantial aspect of the case. It is a very procedural error,” Quiña-nola added.
Errors
Salatandre also manifested that the prosecution cannot anymore amend the errors in the pleadings.
“When the court ruled, they can only question the ruling, they cannot further amend or introduce new purpose or exhibits.
They are instituting further amendment of the formal offer of exhibits in the guise of a motion for reconsideration,” he said. (JGA)
For Bisaya stories from Cebu. Click here. (April 19, 2006 issue)
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