CEBU, Philippines - A new counsel of former Dinagat Island Rep. Ruben Ecleo, Jr. has sought for the inhibition of the judge handling the parricide case against the supreme master of the Philippine Benevolent Missionaries Association.
Lawyer Noel Archival entered his appearance for Ecleo and filed an omnibus motion seeking for the inhibition of Regional Trial Court Judge Soliver Peras who earlier convicted the former lawmaker for killing his wife, Alona, in 2002.
Archival wanted Peras to inhibit from resolving all the pending incidents relative to the case. He claimed that Ecleo was not given due process before he was convicted and sentenced to suffer a penalty of reclusion perpetua or 20 to 40 years imprisonment.
“With all due respect, the accused in this case is of the conclusion that Peras is favoring the prosecution despite the presentation of glaring evidence proving his innocence,” Archival said in his motion.
“Hence, the accused has lost his trust and confidence that the presiding judge could act with impartiality and fairness in rendering a just and equitable decision based on the records of this case,” he added.
Archival cited court’s failure to furnish Ecleo a notice of the promulgation of judgment as one of the glaring evidence of Peras’ bias for the prosecution. He also questioned the ruling of the court giving weight to the testimony of prosecution witness Gloria Navaja.
“Another demonstration of bias is the fact that presiding judge gave full credence to the testimony of Navaja who claimed to have spent P20 as fare for a “habal-habal” at late hour just to buy bread that cost only P10 at a distant place. It is improbable,” Archival said.
Archival said the court failed to apply the elementary rule stating “evidence to be believed must not only proceed from the mouth of a credible witness, but it must also be credible in itself, such that common experience and observation of mankind lead to the inference of its probability under the circumstances.”
Private prosecutor Kit Enriquez considered the omnibus motion as a mere scrap of paper.
He said the entry of appearance of Archival was not clear. “He did not even mention in the omnibus motion his entry of appearance,” Enriquez said.
Moreover, he said Ecleo must show up and submit himself in the jurisdiction of the court. He added they don’t know whether the signature appeared in the manifestation of Ecleo was him.
Ecleo has been in hiding since his conviction at the Sandiganbayan for graft and corruption. He was expelled as member of the House of Representatives. — (FREEMAN)