Econg rejects plea to inhibit from hearing Ecleo case

Regional Trial Court judge Geraldine Faith Econg yesterday rejected the move of cult leader and parricide suspect Ruben Ecleo Jr. for her to inhibit from handling his case as she assured him that she is always impartial in her decisions even if the former private prosecutor of the case was her classmate in law school.

Ecleo's lawyer Orlando Salatandre is afraid that the decision of Econg in the case might be biased against his client because the judge was then a classmate of the late Arbet Sta. Ana-Yongco, who was shot and killed inside her law firm at the corner of Sikatuna and Alcohol streets on October 11, 2004.

According to Econg there are so many legal practitioners in Cebu City who are also her classmates, but in all the cases where her classmates were counsels, she did not consider the fact that they were classmates as a reason for partiality.

"Records in the courts, as well as the court where the undersigned have served, will prove the fact that the judge has maintained impartiality in the exercise of its function in dispensing with justice," Econg said.

Econg said in order for a judge to be considered biased or prejudiced, the reasons must be valid in citing for his or her voluntary inhibition and that it must be proved with clear and convincing evidence where allegations of partiality and prejudgment do not suffice.

Private prosecutor Fritz Quiñanola insisted that the move of Ecleo is another way of delaying the resolution of the case.

But Salatandre told Econg that he will file a motion for reconsideration of the court's order denying his client's move to have her inhibit from handling the case.

Econg immediately told Salatandre to make it right away as she will also give her ruling, but Ecleo's lawyer asked for 10 days to submit such legal remedy.

The judge was dismayed after one of the private prosecutors told the court that they will not oppose giving Salatandre 10 days, and the same duration for the prosecutors to file their comment.

One of the court's observers said Econg's decision not to inhibit from the case is admirable, saying: "Kon magbag-o na usab og huwes, makapasamot ni sa kalangay sa pagkahuman sa kaso."

Econg yesterday reminded both prosecution and defense lawyers that the issues that they are tackling are just a sidebar to the main issue of parricide.

Aside from the motion for inhibition, there are still two pending motions. One of them is the motion for reconsideration filed by Ecleo about the denial of the court of his demurrer to evidence and the prosecution's motion to cancel the bail bond of Ecleo and to have him sent back to jail.

Although Ecleo was charged with parricide for allegedly killing his wife, Alona in 2002, he was granted P1 million bail after his doctor described him very sickly like a "walking time bomb" who may "die anytime" due to a heart problem.

It was decided yesterday that the next hearings of the case are to be held on December 15 and on January 18, 2007. - Rene U. Borromeo/BRP