The motion, which the judge described as "stunning", asked the court to look into a private communication that allegedly took place between the first defense witness and the defense lawyer.
On the witness stand was Jose Dayaganon, former president of the Philippine Benevolent Missionaries Association-Lamacan, Argao chapter, who continued his testimony to the direct examination of defense lawyer Giovanie Mata.
In the course of Dayaganon's testimony, however, he was seen taking out his mobile phone from his pocket while defense lawyer Orlando Salatandre was also seen tinkering with his own phone.
This caused the prosecution lawyers to suspect that the defense lawyer might be trying to coach the witness, and this reaction broke the monotony in the courtroom for a time.
Private prosecutor Fritz Quiñanola stood up and manifested that the court should look into the cellphones of Salatandre and Dayaganon, explaining that Salatandre might be coaching Dayaganon on how to answer the questions.
This motion irked Judge Geraldine Faith Econg who immediately admonished Quiñanola for a very "unlawyerly" act. She bluntly told the lawyer that she was not happy about what he did and warned him from making improper motions.
Judge Econg explained that Salatandre and Dayaganon were not on trial, and that it would be unconstitutional for the court to pry into the private communications of witnesses and lawyers inside the courtroom.
Salatandre, for his part, denied that he tried to coach the witness through the cell phone and he moved that the incident be stricken off the court's record.
The judge however rejected Salatandre's motion. "Let it stay on the record, better that the higher court will read how childish we are in our hearings."
Another incident that broke the monotony of yesterday's trial was when Judge Econg described the court interpreter's English as "bad" that she had to call on her clerk of court to take over the task of translating the questions and answers to the witness.
Dayaganon, in his second day of direct testimony, tried to prove that the body found in barangay Coro, Dalaguete in January 2002 was not of Alona Bacolod-Ecleo, and that Ecleo could not be the killer.
Dayaganon testified that he went to the Banawa residence of Ecleo on January 5, 2002 to report his accomplishment when he saw Alona and her brother, Ben Bacolod, left the house at around 7 p.m.
He told the court that he did not notice anything unusual inside the house at that time, and that he only learned about the "alleged death" of Alona the following day.
This news prompted him to verify, and Dayaganon said he also decided to investigate the succeeding report that a body, wrapped in a black garbage bag, was found in Dalaguete.
Dayaganon said he went to Dalaguete to check at the St. William Funeral Parlor where Ecleo and Alona's children also arrived with the late Ben Bacolod who drove their vehicle.
Dayaganon alleged that the children, upon seeing the body, said it was not of their mother. He added that, although he also refused to recognize that the body was of the wife of Ecleo, he still kept close watch of it until the time it was taken to Cebu City.
The next trial of the case has been set next month. - Fred P. Languido