PINOTE v.

AYCO FACTS
A.M. No. RTJ-05-1944; December 13, 2005; Carpio-Morales, J.  Judge Ayco allowed the defense in People v. Vice Mayor Salvador to present
evidence consisting of the testimony of two witnesses even in the absence of
TOPIC: Who Must Prosecute Criminal Actions State Prosecutor Pinote who was prosecuting the case.
o Pinote was undergoing medical treatment at the Philippine Heart
SUMMARY Center, hence his absence.
 On the subsequent hearings, he refused to cross-examine the two defense
Judge Roberto L. Ayco of the RTC of South Cotabato allowed the defense in a criminal witnesses despite being ordered by the judge, he maintaining that the
case to present evidence consisting of the testimony of two witnesses, even in the proceedings conducted in his absence were void.
absence of State Prosecutor Ringcar B. Pinote who was prosecuting the case. State o Judge considered the prosecution to have waived it right to cross
Prosecutor Pinote was at that time undergoing medical treatment at the Philippine Heart examine.
Center in Quezon City. On the subsequent scheduled hearings of the criminal case, o Hence, an administrative complaint was lodged by Pinote against
Pinote refused to cross-examine the two defense witnesses, despite being ordered by Ayco.
Judge Ayco, maintaining that prior proceedings conducted in his absence were void.  RESPONDENT: Considering the prosecution to have waived presenting
Judge Ayco considered the prosecution to have waived its right to cross-examine the evidence, respondent justifies the same on complainant’s failure to formally
two defense witnesses. Hence, arose the present administrative complaint lodged by offer the evidence for the prosecution despite several extensions of time
Pinote against Judge Ayco for “Gross Ignorance of the Law, Grave Abuse of Authority granted for the purpose.
and Serious Misconduct.” o No substantial prejudice was suffered by the prosecution for
complainant was permitted to cross examine the two defense
DOCTRINE witnesses but he refused to do so.
 GENERAL RULE: All criminal actions shall be prosecuted under the control  OFFICE OF THE COURT ADMINISTRATOR: Finds respondent to have
and direction of the public prosecutor. breached Sec. 5, Rule 110 of the Revised Rule on Criminal Procedure and
o If the schedule of the public prosecutor does not permit, however, accordingly recommends that he be reprimanded therefor, with warning that
or in case there are no public prosecutors, a private prosecutor may a repetition of the same or similar act shall be dealt with more severely.
be authorized in writing by the Chief of the Prosecution Office or
the Regional State Prosecution Office to prosecute the case, ISSUE(S)/HELD
subject to the approval of the court. WON Judge Ayco violated the Rules on Criminal Procedure for allowing the
o Once so authorized, the private prosecutor shall continue to defense to present evidence in the absence of a prosecutor – YES.
prosecute the case until the termination of the trial even in the
 As a general rule, all criminal actions shall be prosecuted under the control
absence of a public prosecutor, unless the authority is revoked or
and direction of the public prosecutor.
otherwise withdrawn.
o If the schedule of the public prosecutor does not permit, however,
or in case there are no public prosecutors, a private prosecutor may
RELEVANT PROVISION(S)
be authorized in writing by the Chief of the Prosecution Office or
 Sec. 5., Revised Rule on Criminal Procedure. Who must prosecute criminal the Regional State Prosecution Office to prosecute the case,
action. – All criminal actions either commenced by complaint or by information subject to the approval of the court.
shall be prosecuted under the direction and control of a public prosecutor. In o Once so authorized, the private prosecutor shall continue to
case of heavy work schedule of the public prosecutor or in the event of lack prosecute the case until the termination of the trial even in the
of public prosecutors, the private prosecutor may be authorized in writing by absence of a public prosecutor, unless the authority is revoked or
the Chief of the Prosecution Office or the Regional State Prosecutor to otherwise withdrawn.
prosecute the case subject to the approval of the court. Once so authorized
 Violation of criminal laws is an affront to the People of the Philippines as a
to prosecute the criminal action, the private prosecutor shall continue to
whole and not merely to the person directly prejudiced, he being merely the
prosecute the case up to end of the trial even in the absence of a public
complaining witness.
prosecutor, unless the authority is revoked or otherwise withdrawn.
o It is on this account that the presence of a public prosecutor in the
trial of criminal cases is necessary to protect vital state interests,
foremost of which is its interest to vindicate the rule of law, the
bedrock of peace of the people.
  Judge Ayco’s intention to uphold the right of the accused to a speedy
disposition of the case, no matter how noble it may be, cannot justify a breach
of the Rules.
o If the accused is entitled to due process, so is the State.
 Judge Ayco’s lament about Pinote’s failure to inform the court of his inability
to attend the hearings or to file a motion for postponement thereof or to
subsequently file a motion for reconsideration of his Orders allowing the
defense to present its two witnesses on said dates may be mitigating.
o However, it does not absolve Judge Ayco of his utter disregard of
the Rules.

DISPOSITIVE: SO ORDERED.