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Friday, April 28, 2006
Judge orders medical examfor Ecleo; 2 docs to check him
Two doctors will assess Philippine Benevolent Missionaries Association supreme master Ruben Ecleo Jr.’s health, whether he could withstand going back to jail or not.
Regional Trial Court (RTC) Judge Geraldine Faith Econg ordered the medical examination of Ecleo, who is out on a P1-million bail for a parricide case.
She agreed to the presentation of Ecleo’s personal physician, Dr. Roberto Anastacio, and allowed the prosecution to choose their own doctor to examine Ecleo.
While the Court of Appeals (CA) affirmed the propriety of Ecleo’s provisional liberty granted by then presiding judge Generosa Labra, it also said that the lower court is not prevented from reexamining the health of the cult leader who is accused of killing his wife in January 2002.
Ecleo, through his lawyers, noted his reservations to the provision in a petition filed with the Supreme Court (SC), but no temporary restraining order was issued to prevent Judge Econg from tackling the matter.
Econg considered taking up the bail issue, saying that the “health condition of a person varies on a day-to-day basis.”
Ecleo was allowed to post bail in 2004 solely on the basis of his poor health. His doctor had told the court that Ecleo’s heart condition made him a “walking time bomb.”
The prosecution raised the health issue in a motion, saying Ecleo “does not appear in every inch to be dangerously ill.”
To be fair to both parties, Econg allowed the defense and the prosecution to present their own doctors.
As earlier requested by defense lawyer Orlando Salatandre, Anastacio should be presented to apprise the court of Ecleo’s medical condition.
Salatandre said that Ecleo undergoes periodic medical examination because of cardiac abnormality.
Anastacio, of the Makati Medical Center, will be presented on May 12.
“Certainly, the opinion of Dr. Anastacio will be considered by this court. However, this Court also believes that it should listen to the opinion of another cardiologist who can examine the accused,” Econg said.
She told City Prosecutor Nicolas Sellon to give her the name of a cardiologist, preferably one who specializes in coronary-arterial diseases, so she can make the order for Ecleo’s medical examination.
The presentation of the cardiologist is scheduled on May 18.
After both presentations, Econg will then assess whether Ecleo can be sent back to jail.
Econg also reminded Sellon of his responsibility in the case.
The hearing yesterday afternoon did not start on time as none of the prosecutors appeared in court.
The private prosecutors sought the permission of the court not to appear in yesterday’s proceedings since they were attending a convention of the Integrated Bar of the Philippines (IBP).
But Econg was surprised that even Sellon was not around.
“Although there are private prosecutors, the public prosecutor still controls and supervises over the case, so long as the latter continues to sign the pleadings,” Econg said.
“The burden is still with you,” Judge Econg told Sellon. (JGA)
For Bisaya stories from Cebu. Click here. (April 28, 2006 issue)
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