Ecleo case Court tells prosecution to answer motion filed by defense panel

CEBU, Philippines - Regional Trial Court Judge Soliver Peras of Branch 10 directed the prosecution panel to file its comment within five days to the omnibus motion filed by the new counsel of former Dinagat Island Rep. Ruben Ecleo, Jr.

Ecleo, through lawyer Noel Archival, filed an omnibus motion that seeks the inhibition of Peras from handling the pending incident relative to the parricide case.

Ecleo cites his loss of trust and confidence, unsure whether the presiding judge could act with impartiality and fairness.

In an interview with The Freeman, lawyer Kit Enriquez said they will be  filing their comment next week.

However, he claimed that they have started drafting their arguments.

“Actually we have started it today,” he said.

He said they will oppose the move of the defense seeking the inhibition of Peras.

He cited Peras has been fair in his ruling.

Peras was the seventh presiding judge who have handled the case.

Enriquez averred that the arguments presented in the omnibus motion was a rehash.

He said the issue has been tackled already.

In the omnibus motion, Ecleo claimed he was not given due process before he was convicted for parricide. Ecleo is accused of killing his wife, Alona, in 2002 and sentenced to suffer the 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.

Hence, the accused has lost his trust and confidence that the presiding judge could act with impartiality and fairness,” the motion reads.

Ecleo is still at large. He said the court failed to furnish him a notice of promulgation of the case.

Enriquez further said that before Ecleo can avail of the legal remedy he must submit himself to the jurisdiction of the court, therefore, he must surrender. — (FREEMAN)