Ecleo asks CA: Nullify conviction

CEBU, Philippines - Former Dinagat Island Rep. Ruben Ecleo Jr. is asking the Court of Appeals to reconsider its ruling affirming his earlier conviction by the Regional Trial Court for the crime of parricide.

Lawyer Jose Ventura Aspiras has filed the motion for reconsideration on behalf of his fugitive client.

Ecleo assailed the appellate court’s ruling that sustained the decision of RTC Judge Soliver Peras finding him guilty of killing his wife, Alona, in 2002.

“In its decision, the CA agreed with Judge Peras that Ecleo has lost all rights and remedies as he was absent at the promulgation and did not surrender within fifteen days thereafter. We did not agree,” Aspiras said.

According to Aspiras, the court failed to notify Ecleo of the schedule of the case promulgation as provided for under Rule 120 of the Rules of Court.

“The trial court did not comply with what Rule 120 required; no notice of the promulgation warning the accused that his presence was required was ever sent to the accused,” Aspiras said.

 He claimed that Paragraph 3 of  Section 6, Rule 120 makes it mandatory that the notice of promulgation must be sent to both the accused and to his counsel.

Aspiras also said that the trial court erred in convicting Ecleo because the prosecution allegedly failed to present clear evidence. He reiterated that Ecleo is innocent of the crime.

The Court of Appeals 20th division earlier dismissed Ecleo’s petition for certiorari seeking to nullify his conviction. In a decision penned by Executive Justice Gabriel Ingles, the appellate court found no mistake in the decision of Peras including the latter’s denial of the notice of appeal.

Ingles said that the accused was given due process.

“It is not as if herein petitioner was never apprised of the upcoming promulgation in the instant case. The notices setting the case for promulgation which were sent to his counsel were sent to the last known address (Forest Hills, Banawa, Cebu City) of petitioner as he and his then counsel of record, shared the same address,” the decision states.

 Ingles added that considering Ecleo jumps bail, he loses his standing in court unless he surrenders or submits to the jurisdiction of the court.

Peras convicted Ecleo on April 13, 2012. The decision was promulgated despite Ecleo’s absence.

Ecleo has gone into hiding prior to the sche-duled promulgation because of another arrest warrant he was facing from the Sandiganbayan following his conviction of graft charges. — /FPL (FREEMAN)