Defense insists proof vs. Ecleo insufficient

The defense lawyer of cult leader Ruben Ecleo Jr. successfully convinced the court yesterday to allow them to submit their written arguments to support their claims that the prosecution has failed to establish the guilt of their client.

However, if the court is not convinced with their arguments they still have the right to present evidences.

Regional Trial Court judge Geraldine Faith Econg has granted the motion of Ecleo's lawyer, Orlando Salatandre, to submit a demurrer to evidence after the panel of private prosecutors finally rested its case yesterday.

A demurrer means to wait or stay. If the defense will file a demurrer to evidence without the permission of the court, it means that the defense has already waived its right to present evidence once the motion would be denied.

But in the case of Ecleo, the defense still has the right to present evidence before the court even if his motion for a demurrer to evidence would be denied because he had asked permission before submitting his written arguments.

Section 23, Rule 119 of the Rules of Courts allows the defense to file a demurrer to evidence within five days after the prosecution rests its case on the grounds of insufficiency of evidence.

Salatandre claimed that the prosecution has failed to present sufficient evidences to prove the guilt of the accused, hence they are not willing to submit any evidence to controvert the allegations.

Ecleo, who used to be the mayor of his hometown in San Jose, Dinagat Island, Surigao del Norte and is the head of the Philippine Benevolent Missionaries Association cult, stands accused of killing his wife, Alona Bacolod last January 5, 2002.

Private prosecutor Kit Enriquez said that contrary to the claim of the defense lawyers, the prosecution has successfully established the guilt of the accused with so many evidences.

Enriquez said they have the testimony of Alona's brother, Josebil Bacolod, who claimed seeing Ecleo and his driver Juriven Padero loading a black garbage bag into the baggage compartment of the family's red Toyota car on the evening of January 5.

The bag, which allegedly contained the body of Alona, was found dumped in barangay Coro, Dalaguete on January 8.

He also said that prosecution witness Gloria Navaja also testified that she saw the black garbage bag dumped by unidentified men riding a red car.

Salatandre argued that Navaja's statement was unbelievable because while she reportedly recalled that one of those persons who dumped the garbage bag was bald, she forgot the color of the clothes worn by the driver of the motorcycle-for-hire that she was riding that time.

The defense counsel also cited another conflict when Josebil Bacolod reported to the Guadalupe police station that Alona was missing only on Sunday, January 6, and not on January 5 as what was stated in the information of the case.

Econg was convinced to grant the defense motion to file a demurrer because the panel of prosecutors have manifested that they could present more arguments if the court would grant the motion of the defense.

But the defense has formally requested the court to allow them to file a demurrer to evidence; otherwise they could no longer present their evidences if the court would deny their legal move.

The rule is that when the demurrer to evidence is filed without leave of court, or permission from the court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution.

Econg yesterday directed the defense counsels to submit their motion not later than May 22, and the prosecution was also ordered to submit their comment up not later than ten days.

The hearing of the case yesterday was supposedly for Ecleo's cardiologist to appear and enlighten the court about the present health condition of the accused, but the doctor reportedly received the court's subpoena late.

Econg ordered Ecleo's lawyers to inform the court what date Makati Medical Center doctor Roberto Anastacio is available so the court can issue a subpoena in time.

But Econg made it clear that aside from Ecleo's private doctor, the court will also listen to the opinion of other cardiologists who will examine the accused.

The panel of private prosecutors is planning to hire Jim Matiga, a cardiology specialist at the Vicente Sotto Memorial Medical Center, to examine Ecleo so they will have a second opinion regarding his health.

If prosecutors find Ecleo's health has already improved, they will ask the court to revoke the bail granted to him by RTC judge Generosa Labra, who used to handle the case.

Labra set Ecleo's bail at P1 million after his lawyers successfully convinced her that he is very sickly, a "walking time bomb" who can "die anytime". - Rene U. Borromeo