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Friday, April 23, 2004
Ecleo, on bail, flies to Manila
By Giovanni A. Nilles
CEBU CITY -- Flanked by escorts, Ruben Ecleo Jr. left Cebu for Manila Thursday noon, leaving the province for the first time since his detention began in June 2002.
He was tight-lipped, dodging questions from reporters with a standard, "No comment."
His mother, Surigao del Norte Rep. Glenda Ecleo, said though that they were very happy with Ruben's release on a P1-million bail.
Meanwhile, a government prosecutor refused to sign the Bacolod brothers' motion asking Judge Anacleto Caminade to inhibit himself from the case, and warned them about possible legal repercussions, like contempt of court.
Judge Caminade issued the release order for Ecleo, leader of the Philippine Benevolent Missionaries Association (PBMA) and principal suspect in the death of his wife Alona Bacolod-Ecleo in January 2002.
Although Ruben appeared fit Thursday in a blue shirt and cap, defense counsel Giovanni Mata said his health problems were not easily visible.
Upon arriving in Manila, Ruben, his three kids, brother Binglen and mother Glenda left for the Makati Medical Center. The former mayor will reportedly undergo an angiogram, or an examination of one's blood vessels.
An unidentified woman, dressed in pink, also accompanied him.
ABS-CBN footage showed Ecleo, who was in a wheelchair, being mobbed at the airport by loyal PBMA followers in Manila.
Trial presence
Mata said that depending on the results of the examination, Ruben may go through a heart bypass or an angioplasty, a surgical operation to unblock a coronary blood vessel.
Although Ruben is now temporarily free, defense lawyers Orlando Salatandre Jr. and Giovanni Mata stressed they saw no reason for them to delay the trial.
They even want the parricide case resolved as fast as the Regional Trial Court (RTC) can manage.
They differed, though, on whether Ruben should be present in all the proceedings. Mata said it is not necessary for Ruben to attend all the hearings at the Cebu Regional Trial Court 18.
But Salatandre, who is lead defense counsel, has said that he will have himself jailed if Ecleo will not attend the hearings.
He also asked Thelma Chiong of the Crusade Against Violence to "be sober" in her statements against Ecleo, referring to Chiong's promise to light a candle each day until Ruben drops dead.
Public Prosecutor Nicolas Sellon remained hopeful that a petition for certiorari before the Court of Appeals can still correct the bail issue.
'All frankness'
Should this be granted by the appellate court, then the release order could be nullified and a warrant for Ruben's arrest can be issued.
Sellon noted, though, that a petition for certiorari may again result to a legal complication as it is "substantially more personal against the judge."
"The issue in a petition for certiorari is what a judge has done in a case. This is why we (public prosecutors) are very careful when it comes to these kinds of petitions," Sellon pointed out.
Sellon refused Thursday to sign the motion asking Judge Caminade to inhibit himself from the parricide case against Ecleo.
Sellon also warned the Bacolod brothers Angelito, Ricky and Josebil that their motion, which attacked the integrity of Judge Caminade, may have legal repercussions, including a citation for contempt of court.
Sellon described the motion as "seemingly worded with all frankness."
Judge Caminade still refused to talk with the media about the issue, though. Reliable court sources also said he refrained from listening to the radio, reading the newspapers and watching the television.
Wanted: proof
Judge Fortunato de Gracia Jr. said that "tempering the language" of the motion could have helped the situation.
"They (the Bacolods) could always cite reasons and words that will not hurt the judge. You can say it in better way, although it would still amount to the same thing. It's just your choice of words," he said.
Lawyer Arbet Sta. Ana-Yongco, who ordered the filing of the motion, could not be reached for comment Thursday.
But she reportedly ordered the Bacolod brothers to submit the motion despite Sellon's warning.
The motion said that "the reputation of integrity and probity of the present judge (Caminade) is questionably tainted and that he already made statements favoring the accused that he is going to release him on bail."
Sellon said he called the Bacolod brothers before he notarized their affidavit "because of the seriousness of their allegations (against Caminade). I warned them of the possible legal complications. I have to make them understand that they have to have evidence to make their claim."
He added that he also avoided telling the brothers to refrain from filing the motion, as he feared that this might be misinterpreted as favoring Ecleo.
"But as a public prosecutor, I respect the private prosecutor (Yongco)...It's just that I did not sign the motion since I have no personal knowledge on their claims against Judge Caminade," Sellon said.
His efforts to reach Yongco and talk about the motion also proved futile.
(April 23, 2004 issue)
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