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Friday, June 20, 2003
Disputed evidence v. PBMA's Ecleo allowed
By Grecar A. Nilles
CEBU -- Lawyers prosecuting the Ecleo parricide case can now use against the former town mayor and cult leader the 13 pieces of evidence that one prosecutor earlier waived.
Regional Trial Court (RTC) Branch 23 Judge Generosa G. Labra, “in the highest interest of substantial justice,” allowed the reinstatement of some previously excluded evidence.
But Cebu City Prosecutor Jose Pedrosa said it is not yet time to celebrate victory because the defense camp is set to ask the court to reconsider its decision.
Even then, the court ruling can “psychologically” boost the prosecution’s morale and inspire them to work harder to get a conviction of Ruben Ecleo Jr., said Pedrosa.
Labra ordered the modification of the April 10 pre-trial order and directed the restoration of the 13 pieces of evidence as part of the prosecution’s proof.
She granted the prosecution’s request to undo the manifestation made by Assistant City Prosecutor Tolomeo Dinoy during the pre-trial conference, that they no longer needed the said evidence.
“For meritorious reasons proffered by the prosecution and in the highest interest of substantial justice, the motion to amend and/or modify pre-trial order is granted,” Judge Labra said in her one-page order.
Enough basis
In Thursday’s hearing, homicide chief investigator Mario Monilar said he had enough basis to order the arrest of Ecleo, just a few days after Alona Bacolod’s death in January last year.
Ecleo, who heads the Philippine Benevolent Missionaries Association (PBMA), is the principal suspect in the killing of his wife Alona.
Police officer Monilar said Ecleo’s refusal to cooperate in the investigation, his departure from Cebu City for San Jose, Dinagat, Surigao del Norte and his failure to attend Alona’s wake are strong indications that he is guilty of parricide.
After the trial started in early May, the hearings were suspended for a month when Labra took a month’s leave of absence.
Pedrosa said the prosecution is happy with Labra’s order because it will lighten their burden in proving their case.
“Although we can find other remedies to address that problem, we are very happy that the court granted our motion,” Pedrosa said.
Defense move
Defense counsel Orlando Salatandre Jr. said they will file a motion for reconsideration, but he did not reveal his grounds.
Salatandre said that contrary to the prosecution’s claim, Dinoy did not commit any error when he told the court that they will no longer need the 13 pieces of evidence, including a big black garbage bag, vehicle compartment mat and underwear.
Dinoy, who used to be a part of the prosecution panel, was taken off the Ecleo case after he made the manifestation.
Dinoy, who has a brother who was a former PBMA official, transferred to his hometown in Dumaguete City last June 16.
Assistant City Prosecutor Nicolas Sellon, who is now handling the Ecleo case, has said in his motion that the prosecution will lose the case if they are not allowed to use the 13 pieces of evidence.
Since their evidence against Ecleo is circumstantial in nature, Sellon said they need the garbage bag to prove their case.
Alona’s body was found stuffed inside the garbage bag after she was killed on Jan. 5, 2002, allegedly inside her and Ecleo’s house in Banawa, Cebu City.
The prosecution said the garbage bag, which was among the 13 pieces of evidence, is the same bag that Ecleo and the late Juryven Padero, a bodyguard, were seen carrying outside the house.
Padero was among those killed in a shootout in Surigao that preceded Ecleo’s surrender on June 19 last year. Sun.Star Cebu
(June 20, 2003 issue)
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