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IBP asks SC, justice office: Probe judge, fiscals

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Thursday, May 27, 2004
IBP asks SC, justice office: Probe judge, fiscals
By Karlon N. Rama

CEBU CITY -- The Integrated Bar of the Philippines (IBP) Cebu City Chapter has formally asked the Supreme Court to investigate Judge Ildefonso Suerte over his handling of the Cedrick Devinadera case.

In a resolution, approved on mass motion, the chapter said there is a need for the High Tribunal to investigate the judge because his ruling to convict a self-confessed accomplice in the killing of Alona Bacolod-Ecleo "derails the administration of justice."

"The conviction of the self-confessed accomplice will be used by the defense in the case of People vs. Ruben Ecleo," the IBP warned.

The lawyers' organization, which met Wednesday afternoon, also asked the Department of Justice (DOJ) to investigate Assistant Regional State Prosecutor Vicente Maņalac, as well as the other prosecutors involved in the case.

"The Department of Justice," the chapter said, showed "manifest inconsistency" when Maņalac resolved to file the Devinadera case in court, while knowing fully well that it involved the same incidents as the Ruben Ecleo parricide case, still pending before another trial court.

"He (Maņalac) cannot feign ignorance of the existence of the (other) case. He should have acted with prudence," said lawyer Democrito Barcenas, IBP Cebu City Chapter president.

Offended parties

In an interview, Barcenas admitted that issuing the first resolution was hard because he and Suerte are "personal friends."

He maintained, however, that he had no other recourse because it was "the sentiment of all the lawyers."

Not only that, Barcenas also observed that Suerte's approval of the plea bargaining, where Devinadera admitted to having killed Alona upon the orders of Alona's late brother Ben, "appeared anomalous."

He said the "real offended parties in the death of Alona Bacolod-Ecleo are her surviving brothers, namely: Angelito Bacolod, Ricky Bacolod and Josebil Bacolod, not Jaime Bacolod, who is just reportedly a cousin of the deceased."

The Bacolod brothers also wondered why Jaime, whom they described as a loyal escort of parricide suspect Ruben Ecleo Jr., filed the case against Devinadera without telling them.

Barcenas said the chapter had to act on the matter after the Bacolods sought their assistance.

He said the IBP Cebu Provincial Chapter, through its president, Manuel Monsod, will also be issuing a similar resolution when it meets in June because the Bacolods approached them too.

Co-equal

Regional Trial Court (RTC) judges held a closed-door meeting Wednesday to discuss, among other things, its position on the controversy.

But the judges said the meeting failed to result in an official statement because they wanted "to observe respect for a co-equal court."

Copies of the separate IBP resolutions are to be submitted to Manila Thursday.

In the case of Judge Suerte, copies are to be sent to Presbitero Velasco of the Office of the Court Administrator, IBP National President Jose Anselmo Cadiz, Cebu RTC Executive Judge Simeon Dumdum and Judge Suerte's court.

In Maņalac's case, a copy of the resolution seeking to place him under investigation will be submitted to Justice Secretary Merceditas Gutierrez, Regional State Prosecutor Antonio Arellano and the IBP national president.

(May 27, 2004 issue)
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