Prosecution: Appeal submitted by new lawyers "improper"

CEBU, Philippines - Private prosecutor Fritz Quiñanola says it is improper to file a notice of appeal before the Regional Trial Court (RTC).

This, after convicted Dinagat Representative Ruben Ecleo Jr.’s new lawyers filed a Notice of Appeal before RTC Branch 10.

Quiñanola, in his statement before the media yesterday, cited the 2004 Amended Criminal Procedures as his basis in labeling the notice of appeal “improper.”

“In terms of reclusion perpetua as the penalty, the notice of appeal must be filed before the Court of Appeals and not before the Regional Trial Court,” he said.

Quiñanola added that they are set to file their opposition to the said notice.

Sought for comment on Ecleo’s new set of lawyers, Quiñanola said the case was hopeless and they should have intervened earlier.

Ecleo’s lawyers are former Justice Secretary Silvestre Bello III, Lucas Carpio, brother of Ombudsman Conchita Carpio and Jose Ventura-Aspiras.

Considering the entry of appearance of three counsels bearing the signature of Ecleo, Quiñanola said as agents of the court they should advice their client to surrender as he was already convicted in the parricide case for killing his wife Alona in 2002.

However, Quiñanola said lawyers can’t do anything if their client refuses to heed his counsels’ advice.

Quiñanola pointed out that Ecleo stands to lose all legal remedies after he jumped bail.

He cited the case of PP vs. Rene Mamalias as basis.

“The general rule is that a party appealing who flees the jurisdiction, pending the appeal, is in contempt of the authority of the court and of the law. The escapee loses his standing in court and unless he surrenders or submits to the jurisdiction of the court, he is deemed to have waived any right to seek relief from the court.”

Ecleo jumped bail after the Sandiganbayan issued a warrant of arrest against him for his conviction in an anti-graft case for anomalous projects during his stint as mayor in Dinagat.

He failed to appear in court for three consecutive hearings prompting Judge Soliver Peras of Regional Trial Court (RTC) Branch 10 to cancel his P1 million bail and issue a warrant of arrest. He likewise failed to attend the promulgation of the parricide case.

Quiñanola said they are set to file a motion for entry of judgment and a writ of execution.  (FREEMAN)