CA affirms decision finding Ecleo guilty

CEBU, Philippines - The Court of Appeals has affirmed the decision finding Dinagat Island Representative Ruben Ecleo Jr. guilty of parricide for killing his wife Alona in 2002.

The decision penned by Associate Justice Gabriel Ingles denied the motions for reconsideration filed by Ecleo for lack of merit.

“In sum, the petitioner’s motions for reconsideration advance no new argument of consequence or substance that would warrant the reversal of our March 28, 2014 decision,” the resolution read.

“As to the motion to expunge brief for accused-appellant and to reiterate prayer to hear motion for reconsideration, we reiterate that the primary issues raised threat, we already dealt with in our resolution promulgated July 21, 2012 as well as in our disquisition above,” it further read.

In his motion for reconsideration, Ecleo said he was not accorded the constitutional right to due process when the case filed against him was promulgated despite his absence, thereby ignoring the “required formal and solemn act of promulgation.”

Ecleo added that he has not lost his right to appeal as his promulgation was null and void.

According to the CA, the issue of the validity of the promulgation has been extensively discussed, as it reiterated that Ecleo was not deprived of due process when the case was promulgated without his presence.

“It bears stressing that petitioner jumped bail and could no longer be found, hence, he is considered to have waived his right to be present at the trial, and he is deemed to have received the notice of promulgation,” the CA ruled, citing a jurisprudence People of the Philippines versus  Val de los Reyes and Donel Go to support his ruling.

It was cited in the said jurisprudence that “once an accused escapes from prison, jumps bail or flees to a foreign country, 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 therefrom.”

The jurisprudence, likewise, stated that though the court remanded the case to the CA for review, the CA would “only be constrained to dismiss appellant’s appeal, as he is considered a fugitive from justice.”

Ecleo, the supreme master of the Philippine Benevolent Missionaries Association, was found guilty of parricide and was meted the penalty of reclusion perpetua or imprisonment of 20 to 40 years. — Mylen P. Manto/NSA (FREEMAN)