Wednesday, March 29, 2006
Judge shuts out 36 items v. cult leader
By Karlon N. Rama
CEBU CITY -- Thirty-six items, including those found by investigators in the place where Alona Bacolod-Ecleo was allegedly killed, are “inadmissible as evidence” in the parricide case against Ruben Ecleo Jr.
So ruled Regional Trial Court (RTC) Judge Geraldine Faith Econg in a 30-page order handed down Tuesday, which drew an immediate negative reaction from the Crusade Against Violence’s Thelma Chiong.
“Just what is going on? How can it be not admitted when it was properly presented in court?” she asked.
Lawyer Kit Enriquez, a member of the panel of private prosecutors handling the case, refused to comment on the order, saying they have yet to receive a copy.
Defense lawyer Orlando Salatandre, for his part, said the ruling was expected and was merely “in accordance with the rules.”
Not admissible in court, among other items, were:
* The Dalaguete PNP Station’s blotter entry on the discovery of a woman’s body on Jan. 8, 2002, because there was no testimony by any of the witnesses identifying the evidence in court;
* A bloodstained shower curtain, doorknob and bed sheet from the Ecleo home in Banawa, Cebu City, because “the evidence does not tend to prove any of the material allegations to prove that accused killed his spouse.”
* A bloodstained black garbage bag, where Alona Ecleo’s body was allegedly placed, “because during the trial, not one of the witnesses identified this plastic bag to be bloodied.”
“The relevancy or materiality of evidence refers to the logical connection between the evidence offered and the facts in issue. On the other hand, whenever there is no logical relation between the evidence offered or the purpose of the offer to the facts in issue, this court, (will) not admit such evidence,” Judge Econg ruled.
Validation
Among the items also not admitted are two Cebu City Police Office (CCPO) Homicide Section certifications that were offered to prove that Alona was reported missing last Jan. 6, 2002 and that her body was found in Coro, Dalaguete.
Also refused was a certification, again from the CCPO Homicide Section, that there was a request for laboratory examination on the apparel, jewelry and other items recovered from the body that family members claimed was that of Alona.
The defense had objected to all three pieces of evidence, saying the prosecution “has not endorsed any witness to substantiate or validate the authenticity of the certifications.” Judge Econg concurred.
Econg, however, admitted into evidence the DNA analysis of Dr. Maria Corazon de Ungria and the testimony of Dr. Rachel Fortun, a forensic pathologist.
Fortun, who did a re-autopsy on the body believed to be that of Alona, said the woman did not die of any natural disease.
“Based on the evaluation of all information gathered and correlating these to the previous findings, there is no basis to contradict the previous findings that the victim died of asphyxia by strangulation,” Fortun said.
Conclusion
PNP medico-legal officer Nestor Sator, who did the first autopsy, concluded earlier that the victim was strangled.
The body, stuffed inside a black garbage bag, was found at the roadside in Dalaguete, Cebu on January 8, 2002.
In her testimony, Fortun said she found similarities in some physical features of the body and the description given to her by Alona’s siblings.
These include the stature or body measurement, description of the hair, presence of cosmetic piercing, physical build and her teeth.
The forensic pathologist, though, did not categorically state that the body found in Dalaguete town was Alona’s.
Fortun noted that she could not make any categorical statement because the corpse was not well preserved, the burial conditions were not ideal and the body had been examined previously. (Sun.Star Cebu)
(March 29, 2006 issue)
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