CEBU, Philippines - The Court of Appeals has given both the private prosecutors and the defense lawyers of fugitive Philippine Benevolent Missionaries Association (PBMA) supreme master Ruben Ecleo Jr. 30 days to submit their respective memoranda on the petition for certiorari filed by Ecleo’s lawyers questioning his conviction in the parricide case.
The CA Cebu Station submitted the petition for resolution after yesterday’s oral argument.
Private prosecutor Alfredo Sipalay said that the petition will be resolved by the justices after they shall have submitted their respective memoranda. The petition for certiorari, prohibition and mandamus filed by the lawyers of Ecleo is being handled by Associate Justices Pampio Abarientos, Gabriel Ingles, and Marilyn Lagura-Yap.
Ecleo, through his counsels, earlier filed an appeal before the CA Cebu Station seeking to reverse the trial court’s decision convicting him of parricide for killing his wife, Alona, in 2002.
Ecleo’s lawyers questioned the validity of the promulgation of judgment on April 13, 2012 because the court allegedly failed to send notice to the accused.
“The promulgation was proper and valid. Both accused and his counsel Orlando Salatandre were notified of the date of the promulgation contrary to their claim now,†Sipalay argued.
According to Sipalay, the notice was sent to the residence of Ecleo in Forest Hills, Banawa, Barangay Guadalupe.
Salatandre, a Manila-based lawyer, used the residence of Ecleo in Banawa as address for the court to send notices. — (FREEMAN)