Lawyer: Ecleo never got promulgation notice

CEBU, Philippines - The lawyer of former Dinagat representative Ruben Ecleo Jr., convicted of parricide for the killing of his wife Alona in 2002, claimed there was no due process during Ecleo’s promulgation.

Jose Aspiras said Ecleo never received the notice of promulgation of the case dated April 13, 2012.

He said the court must have furnished the notice of promulgation to the last known address of the accused.

But prosecution lawyer Kit Enriquez denied that there was no due process. He said in fact they failed to re-cross examine Ecleo because the latter jumped bail.

He cited Section 6 (promulgation of judgment), Rule 120 and Section 2 as amended, Rule 122 of the Rules of Court.

“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,” he said.

Regional Trial Court Branch 10 Judge Soliver Peras said Ecleo was informed of the promulgation. They sent notice to his last known address in Barangay Banawa, Cebu City. He added that notice to the counsel is considered as notice to the accused.

Aspiras however, argued that it was improper for Ecleo’s lawyer at the time, Orlando Salatandre, to open the mail of the accused.

He then asked the court for the elevation of the case to the Court of Appeals.

After the prosecution and the defense presented their arguments, Peras issued an order and gave them 15 days to file their position papers.

Ecleo is still at large almost four months after Peras convicted him of killing Alona whose body was found dumped in Dalaguete town in 2002.

Angelito Bacolod, who was present in yesterday’s hearing for the motion for reconsideration on the notice of appeal filed by Ecleo, said the fugitive’s time will come.

“Maabot ra man na. Ang ako lang nagpasalamat ko na na-convicted si Ecleo,” said Angelito, one of the brothers of Alona.     - THE FREEMAN