Pubdate: Thu, 11 Jul 2002 Source: Cebu Daily News (Philippines) Section: News Copyright: 2002sCebu Daily News Contact: http://www.cebudailynews.com.ph/metro5.htm Details: http://www.mapinc.org/media/1723 Author: Tonton A. Antogop and Suzzane B. Salva BLOW TO COPS Fiscals Clear Ecleo Of Drug Complaint CULT leader Ruben Ecleo Jr. was cleared of drug charges by the Cebu City Prosecutor's Office. The evidence presented was insufficient to warrant an indictment, said Assistant City Prosecutors Gilbert Moises and Fernando Gubalane. Ecleo was charged with drug possession after three small packs of shabu were found hidden in a bar of soap inside his bag, when he was brought to the city jail for detention. Acting Cebu City Prosecutor Jose Pedrosa approved the resolution of Moises and Gubalane dated July 8. The investigators said that while Ecleo did own the bag where the shabu was found, the theory of constructive possession could not apply. "Ownership of the travelling bag, which contained the 1.03 grams of shabu does not necessarily prove possession of said regulated drugs," they said. Citing the case of US vs. Chan Guy Juan, constructive possession, means 'the relation between the owner of the drug and the drug itself, when the owner is not in actual physical possession, but when it is still under his control and management and subject to his disposition.' In this case however, Ecleo did not have control, management and disposition of the unlocked travelling bag, the prosecutors said. "Even before the bag was delivered to him at the PNP Criminal Investigation and Detection Group (CIDG) Manila by a PBMA member, respondent was already arrested and detained," they said. Ecleo was still under detention when he was brought to Cebu City. His bag was routinely searched prior to his commitment at the BBRC. Uncertain Amid Ecleo's jubilation over the favorable resolution, the police, who filed the charges against Ecleo, appeared uncertain about their next move. Acting Cebu City Police Director Josephus Angan said they have left everything to the prosecutor's office after submitting the available evidence. "We leave it to the judgment of the fiscal, kung unsa ang (whatever is the) evidence on hand mao ra ang among dad-on (we will just bring it to them)," Angan told reporters. Case Investigator SPO4 Cesar Caete said he filed the case and had it approved by Angan, based on the affidavit of the jail officer who discovered the illegal drugs inside the luggage. CIDG 7 Regional Officer Edwin Diocos, for his part, said he will consult their lawyer on what action to take. He said they may file a motion for reconsideration. "Wala pa naman sa korte pwede pang makapag-file nang motion for reconsideration nyan (Since it is not yet filed in court we could always file a motion for reconsideration for that)," Diocos told Cebu Daily News in a telephone interview. Diocos likewise appealed to the public not to be upset over the resolution, saying there are still other serious charges against Ecleo, who has tested positive for shabu. "We have not lost the war yet, there are still other bigger charges, there is still the parricide and possibly we could link him to the massacre of the Bacolod family. Mayroon pa tayong alas (We still have an ace)", Diocos said. "We actually are not worried, he still has other charges na malalaki," Diocos added. Planted Aside from expressing elation over the dropping of the drug charges against him, Ecleo refused to give any further statements, leaving his lawyers to answer interviews. He was woken from sleep at around 1 p.m. yesterday as Linda Baltazar, a member of the Philippine Benevolent Missionaries Association, which Ecleo heads, gave him a copy of the resolution clearing him of drug charges. Baltazar said they believed all along that the packs of shabu were planted. "Sa una pa mi natahap nga gi-plant to nil" (We had been suspicious that the drugs were planted),a Baltazar told Cebu Daily News in a chance interview inside the BBRC. Duty Moises and Gubalane said that as prosecutors, it is also their duty a oenot to prosecute when the evidence is not sufficient to establish prima facie casea . Witnesses, PO2 Pablo Gentalian of the CIDG 7 and Jail Officer Aleth Romanillos attested to the fact that while the travelling bag was closed, it was not locked. Gentalian was the one assigned to claim the travelling bag at the Mactan Cebu International Airport. He brought the bag to the CIDG office in Camp Sotero Cabahug, Cebu City. He admitted there were instances when he left the bag, unattended. Romanillos for her part said the bag had no lock when it was presented to her for inspection on June 21, shortly after Ecleo was committed at the Bagong Buhay Rehabilitation Center (BBRC). She found the three packs of shabu. Ecleo denied the charges and insisted that the three plastic packs containing shabu were planted. He said that when he was arrested in San Jose, Surigao del Norte, his followers packed his personal belongings and placed it inside an Everlight Creation travelling bag. He said there was no Ivory soap inside because his followers know that he only used the brands Heno de Pravia or Dove. The bag was also thoroughly checked and inspected by CIDG in Camp Crame prior to his departure to Cebu City. It was thoroughly checked at the airport and passed the x ray machine without any shabu being detected. During the entire trip, Ecleo said CIDG personnel were the ones who carried it. He said he was later shocked to learn that three heat-sealed shabu packs were surreptitiously hidden in an Ivory soap discovered from his bag. Bacolod Massacre Meanwhile , Diocos said they are gaining headway in the investigation into the massacre of the family of Alona Bacolod-Ecleo. Diocos said they already know the source of the Ingram automatic rifle, used by the lone gunman who strafed the Bacolod family in their home in Mandaue City. According to Diocos, the source is from Danao City and is related to a trial court judge. - --- MAP posted-by: Beth