Defense: Spare Ecleo's son from DNA testing

In response to the prosecution's motion to compel the son of parricide suspect Ruben Ecleo Jr. to submit to DNA sampling, the defense said that the boy's interest should come first as it would be a "wanton disregard" of his rights if he is forced to do something he believes would put him to public ridicule.

"Any compulsion for non-obedience or compliance would thus mean a wanton disregard of the right of the child against any form of punishment by reason of his belief and discernment," the defense said.

The prosecution last month asked the court to compel Ludwig Van Ecleo, 12, to submit himself to a DNA sampling to match that of a female corpse found in barangay Coro, Dalaguete town, three years ago. That corpse is believed to be the child's mother, Alona.

The motion came even after the boy expressed his resistance to give his DNA samples saying that he does not want to be part of his father's parricide case as he is scared and did not want to be "ridiculed".

But in that same motion the prosecution said "the possible or purported discomfort of Ludwig cannot and should not be allowed to supercede the interests of justice."

In its opposition, defense lawyer Giovanni Mata quoted Paragraph 8 of Article 3 of the Child and Youth Welfare Code of PD no. 603 stating: "Every child has the right to protection against exploitation, improper, influences, hazards, and other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral development."

And that "the emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding and shall be entitled to treatment and competent care," the opposition also read.

During the private meeting with Ludwig and RTC Branch 9 judge Geraldine Econg last July 11, he said he wanted to live a normal life as the event involving his parents had already traumatized him.

Mata further said should the court compel the child to submit to DNA sampling would expose him to punishment such as imprisonment of which "is detrimental" to his "best interests" and would only "spawn emotional turmoil."

The defense called it "essentially arbitrary and primitive" the prosecution's assertion that the child's discomfort should not be allowed to supersede the interests of justice.

With those premises, the defense asked the court to deny the prosecution's motion to compel Ludwig to submit DNA samples.