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Cebu News

CA denies Ecleo’s petition

Mylen P. Manto - The Freeman

CEBU, Philippines -  The Court of Appeals has dismissed the petition filed by former Dinagat Island congressman Ruben Ecleo Jr. seeking to nullify the decision that denied his appeal over his conviction for parricide.

In a 14-page decision penned by Associate Justice Gabriel Ingles of the 20th division, the CA found no mistake in the ruling of Regional Trial Court Executive Judge Soliver Peras denying Ecleo’s appeal and motion to transmit the entire records of his case to the CA and the motion for Peras’ voluntary inhibition.

On April 13, 2012, Peras convicted Ecleo in absentia of killing his wife, Alona Bacolod, in 2002.

Ecleo, through his counsel, immediately filed an appeal which was denied by Peras on May 9, 2012 due to the failure of Ecleo to surrender himself to the court within 15 days from the promulgation.

Peras also denied the motion filed by lawyer Orlando Salatandre to withdraw as counsel of Ecleo for lack of written conformity.

Seeking for the reversal of Peras’ decision, Ecleo through Yulo and Bello Law Office filed a motion for reconsideration and supplement to motion for reconsideration.

While the resolution of the motions was still pending, the late lawyer Noel Archival filed an Omnibus Motion with Entry of Appearance as collaborating counsel of Ecleo.

In his motion, Archival sought for the inhibition of Peras and asked the court to transmit the entire records to the CA for review.

However, on Feb. 18, 2013, Peras denied the motions filed by Archival for lack of merit. This prompted Ecleo’s camp to file a petition for certiorari, prohibition and mandamus before the CA.

Ecleo through his counsel also asked the appellate court to declare null and void the decision of the trial court convicting him for parricide on the ground that he was not furnished with a copy of the order setting the case for promulgation.

According to Ecleo’s camp, since no copy was furnished, the promulgation was “invalid” and the decision that convicted him of parricide will not become final and executory.

But CA did not agree with the contentions of Ecleo, citing a Supreme Court decision that once an accused jumps bail, “he loses his standing in court; and unless he surrenders or submits to the jurisdiction of the court, he is deemed to have waived any right to seek relief from the court.”

The appellate court said the RTC was correct in denying Ecleo’s appeal and motion.  (FREEMAN)

ALONA BACOLOD

ASSOCIATE JUSTICE GABRIEL INGLES

COURT

COURT OF APPEALS

DINAGAT ISLAND

ECLEO

ENTRY OF APPEARANCE

MOTION

NOEL ARCHIVAL

PERAS

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