Prosecutors: Ecleo appeal defective

CEBU, Philippines - Prosecutors in the parricide case against Philippine Benevolent Missionaries Association (PBMA) supreme leader Ruben Ecleo Jr. are asking the court to deny the Notice of Appeal filed by Ecleo’s lawyers.

“The prosecution vehemently objects to give due course to the Notice of Appeal as appeal in this case cannot be perfected under the factual and textual reconsiderations,” the prosecutors’ opposition reads.

Prosecution lawyer Kit Enriquez said Ecleo cannot file a motion to leave to file an appeal because he did not surrender within 15 days from the date of his conviction.

Last April 13, Regional Trial Court Judge Soliver Peras sentenced Ecleo to 40 years imprisonment for killing his wife Alona Bacolod 10 years ago. A body of a woman believed to be that of Alona was found placed inside a black garbage bag dumped down a deep ravine in the southern town of Dalaguete.

Enriquez cited two grounds for their opposition, one of which is Section 6 (promulgation of judgment), Rule 120 and Section 2 as amended, Rule 122 of the Rules of Court.

He said the failure of the accused to appear in court during judgment day must be justifiable.

“If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall lose the remedies in these Rules against the judgment and the court shall order his arrest,” the opposition reads.

Enriquez likewise said the Notice of Appeal filed by Ecleo’s counsel was improperly filed as it is supposed to be filed before the Court of Appeals and not before the Regional Trial Court.

“The appeal in cases where the penalty imposed by the RTC is penalty of death, reclusion perpetua, or life imprisonment, the Notice of Appeal will be filed before the Court of Appeals,” he said.

Ecleo’s new lawyers, former Justice Secretary Silvestre Bello III, Lucas Carpio; the brother of Ombudsman Conchita Carpio; and Jose Ventura-Aspiras, filed the Notice of Appeal, saying Ecleo’s conviction “was contrary to facts, laws and jurisprudence applicable.”

Aside from the arrest warrant in the parricide case, Ecleo is also facing a warrant issued by the Sandiganbayan in relation to a graft case.

He was placed behind bars in relation to the parricide case, but was granted bail for P1 million because of his critical health condition. At that time, doctors described him as a “walking timebomb.”

Enriquez and other prosecution lawyers Alfredo Sipalay, Fritz Quiñanola and Democrito Barcenas are optimistic Ecleo will be arrested soon.

Sought for a comment on the determination of authorities to arrest Ecleo, Enriquez said, “It’s better that they will show to the people that there is justice…that justice is not only for the rich but also for the poor.”

The last time Ecleo surrendered was in June 2002 following a bloody gunfight at his enclave in Dinagat Island, Surigao del Norte. Twenty-three people were killed during the gunfight between authorities and the private army of the PBMA. 

On the same day in Cebu, the family of Alona, including her father Elpidio, mother Rosalia and brother Ben, were massacred at their house in Mandaue City by a man reported to be a PBMA member.  (FREEMAN)