Seventh judge to inhibit: Peras is now off Ecleo case

CEBU, Philippines - Like a hot potato nobody seems able to hold it for long.

The seventh judge handling the high-profile case against cult leader Ruben Ecleo, Jr. has voluntarily inhibited himself from the case following criticisms he got for requiring members of the media and the public, who wish to attend the trial, to submit their pictures, apart from wearing their respective identification cards, as one of his security measures.

The inhibition of Regional Trial Court branch 10 Judge Soliver Peras has further delayed the seven-year-old parricide case against the supreme master of the Philippine Benevolent Missionaries Association, who is accused of killing his wife Alona Bacolod-Ecleo in 2002.

“The recent brouhaha in the media made the undersigned contemplate if the attacks against him have not yet reached the very core of why this case is being tried, and if his continued sitting on this case, will not in any way prejudice the verdict that will be reached by him, should the case reached its end,” Peras said in a two-page inhibition order.

Peras said because he is “unsure” of the effect of these criticisms on his verdict, if he continues to sit on the case, he deemed it proper to voluntarily inhibit himself.

“To end any speculation that this court is hiding something or is cooking whatever it is they say it is cooking, and so as not to tar and affect deeply the outcome of this case, and to obviate any doubts as to the integrity of this court, then, the undersigned deems it wise to voluntarily inhibit himself from further handling this case,” Peras added.

He quoted the Supreme Court when it said in the case of Nancy Ty versus Banco Filipino Savings and Mortgage Bank, et al. that, “It is of utmost importance that a judge must preserve the trust and confidence reposed in him by the parties as an impartial, unbiased and dispassionate dispenser of justice. When he conducts himself in a manner that gives rise, fairly or unfairly, to perceptions of bias, such faith and confidence are eroded. His decisions, whether right or wrong, will always be under suspicion of irregularity.”

Peras ordered his branch clerk of court to return the records of the case to the Office of the Clerk of Court for re-raffling. Executive Judge Mienrado Paredes said the case will be re-raffled on Tuesday next week.

Peras was under fire because of his “stringent security measures” for the Ecleo trial, which members of the media deemed it “overdone and exaggerated.”

Peras required members of the media to submit 1x1 pictures to his sala for cross-matching with the I.D. to verify their identity before they can be allowed to enter the courtroom during trial.

Peras admitted that this security measure has triggered a lot of “speculations, surmises and conjectures.’

According to him, it started with “miscommunication” when members of the media allegedly thought they were banned during the October 14 hearing.

He denied ordering the security personnel of the Palace of Justice to disallow the media from covering the trial. But, while he denied banning the media, Peras laid down his security requirements during a dialogue initiated by Paredes.

During the dialogue he said only members of the media, who have submitted their names to his sala will be allowed to enter. The group of reporters covering the court complied with it and submitted the list of their names but Peras added the 1x1 picture as his requirement.

The members of the Media Alliance for Law Liberty Equality and Truth tried to ask for reconsideration, but Peras insisted.

The reporters cited the additional requirement as “redundant”, aside from being security threat, considering that reporters already have their IDs issued by their respective media outlets.

Peras however in his inhibition order quoted the Supreme Court in its en banc resolution dated October 22, 1991 which states that, “Representatives of the press have no special standing to apply for a writ of mandate to compel a court to permit them to attend a trial, since within the courtroom, a reporter’s constitutional rights are no greater than those of any other member of the public. Massive intrusion of representatives of the news media into the trial itself can also alter or destroy the constitutional necessary judicial atmosphere and decorum that the requirements of impartiality imposed by due process of law are denied the defendant and a defendant in a criminal proceeding should not be forced to run a gauntlet of reporters and photographers each time he enters or leaves the courtroom.”

Peras inhibition came amidst another scheduled dialogue with reporters’ yesterday afternoon. Peras did not anymore come to the scheduled dialogue.

Paredes, who initiated the dialogue, only gave reporters a copy of Peras’ order.

Defense lawyer Orlando Salatandre and private prosecutor Fritz Quiñanola could not be reached for comment when The FREEMAN tried calling them last night.

Peras is the seventh judge to have tried and inhibited from the case. The other judges who previously inhibited from the case were RTC Judge Geraldine Faith Econg, the now retired Judge Galicano Arriesgado, who issued the original warrant for Ecleo’s arrest; Olegario Sarmiento, who denied the motion to quash it; Generosa Labra, who granted him P 1million bail; Anacleto Caminade, who signed the release order; and Ireneo Gako Jr., who was the first to begin hearing the case with Ecleo out of jail.

All of the six judges previously handling the case were asked to inhibit by the private prosecutors.

   Peras was supposed to hear tomorrow the pending motion for the cancellation of Ecleo’s bail. —/NLQ   (FREEMAN NEWS)