MANILA, Philippines—Dinagat Island Representative Ruben Ecleo has pulled out another trick to evade arrest and remain free.
After earlier claiming to have a serious heart ailment to avoid being jailed, Ecleo, who has been convicted of graft and ordered arrested by the Sandiganbayan, this time has asked the court to fix a bond in order to suspend the effects of his arrest warrant.
In a motion filed through his lawyer Maria Concepcion Uson-Noel, Ecleo said he was willing to post a P3-million bond as a guarantee that he would not flee the country, continue to obey the court and remain under its jurisdiction.
“Mr. Ecleo is willing to post a bond of P3 million, higher than the amount sought to be executed, to guarantee that he will not flee from the jurisdiction of the Court and will continue to comply with and obey its orders and processes,” his motion stated, adding that he could pay the bond in cash if the Sandiganbayan will require it.
Ecleo’s motion cited urgent and valid practical and legal grounds why he does not want to be arrested.
The arrest warrant has prevented Ecleo, a lawmaker, from attending sessions in Congress, thus, depriving his constituents of representation in the House of Representatives, his motion said.
Ecleo’s doctors also claim that he suffers from coronary artery disease, which they described as a “serious heart ailment” and a condition that makes the lawmaker a “walking time bomb.” Because of his arrest warrant, Ecleo had been unable to consult with his doctors, the motion said
“He could even die any time, as he could not, as a consequence, undergo the coronary bypass strongly recommended by his physicians,” the motion stated.
The implementation of his arrest warrant could be suspended “in the higher interest of justice,” it added.
It said the Sandiganbayan has acknowledged that Ecleo has a pending petition before the Supreme Court questioning his graft conviction, and it would be the quintessence of judicial prudence and courtesy if the anti-graft court would defer the execution of his graft conviction in the meantime.
The motion also stated that Ecleo was only asking the court to suspend his arrest warrant, not to recall or set it aside.
“The cases here are not even punishable by capital punishment, and the evidence of guilt we daresay is not strong,” it said.
It said the Commission on Audit was conducting a review of the projects involved in his graft case, and Ecleo’s camp is confident the results would vindicate him.
It said Ecleo’s request was not unique or unusual.
“There have been instances when the Sandiganbayan itself has allowed accused persons to post bond even in the most intricate of cases and where the amounts involved are in the tens of millions,” it said.
In this case, the amount Ecleo had been ordered to pay after being found guilty was only P2.8 million.
The Sandiganbayan’s First Division earlier found Ecleo guilty of violating the anti-graft law in connection with the allegedly overpriced construction of a public market and municipal building in San Jose town in Surigao del Norte.
Ecleo was then mayor of San Jose when the projects were implemented.
After the issuance of an entry of judgment on Ecleo’s case, which signified the finality of his conviction, the court ordered his arrest.
But Ecleo said the decision could not be considered final because he has a pending motion with the Supreme Court.