MANILA, Philippines - The Sandiganbayan had upheld its decision to issue a warrant of arrest against Dinagat Islands Rep. Ruben Ecleo Jr. who was convicted of graft in 2006.
In a ruling dated Feb. 17, 2011, the anti-graft court’s First Division junked an “extremely urgent motion” which sought to recall the arrest order issued against Ecleo earlier this month and the issuance of a temporary restraining order for the same purpose.
Ecleo, leader of the religious group Philippine Benevolent Missionaries Association, was found guilty of graft for paying for the construction of a public market, a new municipal building and a guesthouse in his locality when he was then mayor of San Jose, Surigao del Norte from 1991 to 1994.
Ecleo, through his lawyers Lucas Carpio and Jose Aspiras Jr., wanted the Sandiganbayan to recall the arrest warrant, noting that he still has pending issues before the Supreme Court even though the High Tribunal upheld his conviction early last year by denying his appeal with finality.
He claimed that a motion for reconsideration filed Dec. 9, 2010 and a motion to re-raffle the case filed Jan. 20, 2011 is yet to be resolved.
“Considering the recent issuances of the Supreme Court, which wrote finis to the instant cases, and considering further the previous Resolution of this Court on June 21, 2010 ordering the issuance of warrant of arrest against all three accused and confiscation of their respective binds, the Court hereby resolves to reiterate its aforesaid ruling. Wherefore, let warrants of arrest issue anew against all the accused,” read the anti-graft court resolution.
The anti-graft court found that the transactions and the project itself were tainted with fraud since none of the first two buildings were even completed while the guesthouse was found to be a privately owned building.
Ecleo, who was elected congressman in May 2010, was sentenced to 31 years in jail while his former municipal planning and development coordinator Anadelia Navarra and private contractor Ricardo Santillano of PBMA Builders were slapped with 21-year jail terms.
They were also ordered to jointly indemnify the municipal government in the amount of P2.86 million which is equivalent to the amount paid to the contractor for all three projects.
House to drop Ecleo from rolls
The House of Representatives would immediately remove the name of Ecleo from its rolls and he would be immediately arrested if sets foot in the Batasan Pambansa complex as soon as the chamber’s leadership receives an official copy of the Sandiganbayan ruling, lawmakers said yesterday.
Ecleo has not been seen at the Batasan complex since the order for his arrest came out on Feb. 9 but his lawyer said he was not hiding.
House Majority Leader and Mandaluyong Rep. Neptali Gonzales said the leadership of the chamber was to meet on the case last night but the move was already clear to the lawmakers.
“The moment we receive the official transmittal of the (Sandiganbayan) decision, we will drop him from the rolls,” Gonzales said in a telephone interview.
He said the deletion of Ecleo’s name from the House roster does not need any voting in plenary as it is just an administrative action to be done by the House Secretary General.
He noted the conviction of Ecleo was for a crime punishable by over six years, the maximum term for a lawmaker to enjoy some degree of parliamentary immunity or courtesy.
“This (warrant of arrest) is already a commitment order or for him to be hauled to prison. It is not like at the start of a case where one can post bail,” Gonzales said.
He said Ecleo couldn’t set foot at the Batasan complex as he can be immediately arrested by any peace officer.
“But I doubt that he would come here knowing that he could be arrested on sight,” Gonzales said.
Aurora Rep Juan Edgardo Angara also expressed doubts that Ecleo would appear in Congress.
House Minority Leader and Albay Rep. Edcel Lagman and Zambales Rep. Milagros Magsaysay said the chamber has no choice but to comply with the order of the anti-graft court. – With Paolo Romero