In two separate resolutions, the IBP asked the Supreme Court to investigate Judge Ildefonso Suerte of the Regional Trial Court Branch 60 in Barili town, and the Department of Justice to probe assistant provincial prosecutor Vicente Mañalac and other prosecutors involved in the filing of the case.
The IBP said the plea-bargaining agreement between Devinadera and his accuser, Jaime Bacolod, reportedly a first cousin of Ecleo’s wife, Alona Bacolod, was anomalous because the "real offended parties" in her death are her surviving brothers and not Jaime.
The IBP also questioned why Suerte convicted Devinadera despite the pendency of the parricide case against Ecleo who was first charged in 2002 as a prime suspect in his wife’s killing.
It said there is a need for the Supreme Court to conduct a "speedy, fair and impartial investigation" into Suerte’s actuation, "giving him an opportunity to explain his side on this raging controversy so that truth and justice will prevail."
Suerte convicted Devinadera last May 7 as an accessory to Alona’s killing.
While he was arraigned on a murder charge last April 23, Devinadera was convicted of a lesser offense as an accessory to homicide after he entered into a plea bargaining agreement with the prosecution when he was re-arraigned on May 7.
Devinadera was meted a jail term of four to eight years.
Meanwhile, the IBP said it seems that the DOJ "demonstrated manifest inconsistency" when the city prosecutor’s office filed the parricide case against Ecleo two years ago and subsequently the murder case against Devinadera last March.
IBP-Cebu City president Democrito Barcenas discounted Mañalac’s statement that his duty was just ministerial and that he was unaware of the pending case against Ecleo with RTC Branch 18 when he resolved the case against Devinadera.
Barcenas said it was impossible for Mañalac not to be aware of such a sensational case as Ecleo’s.
In fact, in the early stages of the case against Ecleo, Mañalac personally requested then Cebu prosecution chief Jose Pedrosa that he would prosecute the case.
"They cannot feel ignorant because the case is sensational. Mañalac should have acted with prudence. He should have been more cautious," Barcenas said.
Barcenas said what the provincial prosecutor’s office could have done was to conduct another investigation and require authorities to present more evidence against Devinadera when Jaime Bacolod filed the case against him.
Barcenas admitted that it hurts him that they have to issue such resolutions since Suerte is a good friend of his.
He, however, said the IBP chapter has to take a stand on the issue. "We have to take action even if it will hurt some friends," Barcenas said. — Freeman News Service