|
Thursday, December 22, 2005
Accused in lawyer's slay blows whistle on Ecleo
By Jujemay G. Awit
CEBU CITY -- One of the accused in the killing of lawyer Arbet Sta. Ana-Yongco said the murder was meant to ease the pressure on Ruben Ecleo Jr., whom she was trying to prove guilty of parricide.
Eddie Ardita said so in an affidavit he submitted in court, as part of the motion his lawyers filed for him to become a state witness.
Ecleo's lawyer was quick to downplay this break in the 14-month-old Yongco murder case, and will have a chance to grill Ardita early next year, if he becomes a state witness.
Ardita narrated that he was a motorcycle-for-hire driver plying the Pit-os route, when co-accused Michel Favila arranged for his services on the morning of Oct. 11, 2004.
A mutual friend introduced him to Favila three days before, when he was invited for a drink.
It was in that friend's house that Favila allegedly asked him if he could drive for him on Oct. 11, for P10,000.
Target: Yongco
Ardita agreed. When he asked where they were going, Favila allegedly told him "Naa ta'y birahan (We're going to attack someone)," and added that the target was Yongco.
"When I asked the reason for killing her, he told me, `Babag sa kaso ni Master (He's getting in the way of my Master's case).' He also told me not to worry because if anything went wrong, somebody would help us," read Ardita's affidavit.
Favila's lawyer, Orlando Salatandre, dismissed the twist in the case.
"That is Ardita's claim. Anybody can fabricate anytime, and that is only one thing. Proving that claim is the most crucial," Salatandre told Sun.Star Cebu.
Salatandre has yet to receive a copy of Ardita's motion and affidavit, but said the defense will have the time to assess his claim when he takes the witness stand on Jan. 16.
Ardita's presentation will also allow the court to weigh if the prosecution's motion to tap him as a state witness should be granted or not.
2 names
Favila was a member of the Philippine Benevolent Missionaries Association (PBMA) where Ecleo is regarded as the "supreme master."
Ecleo is the main suspect in the death of his wife Alona in January 2002. Yongco was the private prosecutor of the parricide case against him.
Ardita continued that he picked up Favila in Talamban around 7 a.m. on Oct. 11. The two then proceeded to Sikatuna St., where he was introduced to two other companions Favila called "Master Sergeant" and "Kano."
He later identified the two as MSgt. Heracleo Rallestan and Nestor Carrol.
Rallestan and Carrol are also facing murder charges for the Yongco case.
Ardita, who was driving a red Honda TMX motorcycle then, stated in his affidavit that Rallestan and Carrol also had a red motorcycle that was small. He described it as "binabaye" (built for women).
Lookout
Earlier in the trial, Jocelyn Gomez, a store helper of a Yongco neighbor, testified she saw Rallestan, Carrol and Ardita along Alcohol and Sikatuna Sts. right before Yongco was killed.
She identified Rallestan as the driver of a Yamaha motorcycle she also described as "binabaye."
In his affidavit, Ardita recalled that Favila asked to be dropped off across Yongco's store.
Later, Ardita proceeded to the store, as directed by Favila, and smoked a cigarette. He also started a conversation with the storekeeper, who told him that Yongco was inside the house.
"I stood for a while on the pavement in front of the store, smoking my cigarette. After about three minutes, a woman passed by me and entered a gate beside the store. The girl in the store told me that she was Atty. Arbet," the affidavit read.
According to Ardita, he then gave Favila a signal that it was Yongco.
Then Ardita went to a nearby acacia tree, where he parked his motorcycle. Carrol went in the direction of the Yongco store, while Rallestan remained on his motorcycle across the store, Ardita narrated.
Necessity
"I remained at the acacia tree with my motorcycle. After about 30-45 minutes, I heard successive gunshots and shortly saw Favila emerge from the corner walking towards me, carrying a gun," read Ardita's affidavit.
Ardita said he and Favila drove to Talamban, where he was paid P5,000 for the job. Favila promised to give the rest of the amount at a later date.
Ardita's lawyer, Francisco Amit, certified Ardita's affidavit last Dec. 13.
State Prosecutors Nolibien Quiambao and Roberto Escaro and Assistant Provincial Prosecutor Cielitolindo Luyun prepared the motion to discharge Ardita as a state witness last Dec. 19.
"We submit that the accused has complied with all the requirements to be discharged as a state witness," the motion read.
Section 17, Rule 119 of the Revised Rules on Criminal Procedure allows the discharge of an accused to become a state witness. Among the qualifications is that there is "absolute necessity" for the testimony of the accused and that other than the testimony, no other direct evidence is available to prosecute the case.
The testimony of the accused "can be substantially corroborated at its material points; accused does not appear to be the most guilty; and the accused has not at any time been convicted of any offence involving moral turpitude." (Sun.Star Cebu/Sunnex)
(December 22, 2005 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
|
|
[return to top]
[home]
|
|
New Chief Justice assures transparency