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Prosecution and defense lawyers will submit separate written petitions urging Regional Trial Court (RTC) Judge Soliver Peras to reconsider handling the seven-year parricide case against cult leader Ruben Ecleo Jr. sometime this week.
In a closed-door meeting between prosecutors and the Bacolod family yesterday, the fiscals agreed to petition Judge Peras to reconsider handling the case.
They said a delay in the raffling of judges and a possible change of venue in the trial would prove costly for the case.
“If all judges in Cebu City choose to inhibit, the case might be transferred to Manila. We (prosecutors) are not paid for this case and we might spend much just to go to Manila to attend the hearings,” prosecutor Fritz Quiñanola told reporters yesterday.
Defense lawyer Orlando Salatandre agreed, saying this would only delay the case further.
The two sides are supposed to appear in a court hearing on the case this afternoon.
But RTC Executive Judge Meinrado Paredes said Peras took a one week leave starting yesterday.
“We want Peras to continue handling the case. His inhibition is not yet final and executory. Perhaps, the issue between Peras and the media can still be ironed out. It's an issue between security and press freedom. Justice should be done even if heavens will fall,” Quiñanola said.
Last Monday, Peras decided not to attend a close-door dialog with judges and media concerning his security requirement on ID photos because he was reportedly not feeling well. He instead gave his inhibition order to Paredes.
Josebil Bacolod, the brother of parricide victim Alona Bacolod, said the family doesn’t want Judge Peras to back out of the case.
Josebil and four siblings said they will continue to fight for justice even while under the witness protection program of the Department of Justice.
Thelma Chiong, Crusade Against Violence (CAV) national vice president, welcomed the decision of Judge Peras to inhibit himself from the case but said a change of venue would be most inconvenient for them.
She said the case can be referred to courts outside of Cebu City like those in Mandaue, Lapu-Lapu City and even Argao town.
There are only eight RTC judges in Cebu City left for the case to be raffled to.
They are RTC Judges Estela Alma Cingco, Gilbert Moises, Rapahel Yrastorza, Silvestre Maamo, Sylva Paderanga, Gabriel Ingles, Douglas Marigomen and Simeon Dumdum.
Peras is the seventh judge to inhibit from handling the parricide case against Ecleo.
The others are Judges Galicano Arriesgado, Olegario Sarmiento, Generosa Labra, Anacleto Caminade, Ireneo Lee-Gako, and Geraldine Faith Econg.
Judge Paredes said he will wait for 15 days before deciding whether or not to raffle the case to other judges.
Paredes said either the prosecution or the defense could ask for reconsideration from Peras.
He said the inhibition of a judge is a judicial function and does not require administrative intervention, which means the executive judge cannot approve or disapprove it.
If there are no other judges who wish to handle the case, Paredes said the case would be referred to the Supreme Court.
“If there are some judges who would inhibit, this has to be resolved by the Supreme Court,” Paredes said.
Paredes said the Supreme Court may not approve Peras's request to inhibit himself from the case or it may transfer the trial's venue if there is a motion filed.
The transfer of trial venue is usually done to protect the witnesses, Paredes said.
Cebu City Mayor Tomas Osmeña said he is afraid that there is no judge in Cebu courageous enough to handle Ecleo's parricide case.
“Ecleo is very dangerous and in a way, he is getting away from being judged fairly,” Osmeña told CEBU DAILY NEWS.
Ecleo stands accused of masterminding the murder of his wife Alona Bacolod last Jan. 5, 2002.
Her remains were found in a plastic bag dumped in a ravine in Dalaguete town, three days later.
