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Pinote V Ayco

Judge Ayco allowed a criminal defense to present evidence in the absence of the prosecutor, who was undergoing medical treatment. The prosecutor later refused to cross-examine witnesses, claiming the previous hearings were invalid since he was absent. He filed a complaint against Judge Ayco for irregularly allowing the hearings in his absence. The Office of the Court Administrator found Judge Ayco in breach of the rules for not ensuring the prosecutor's presence and participation, though he claimed he was trying to ensure a speedy trial for the accused. Judge Ayco was reprimanded for prioritizing the rights of the accused over those of the prosecution.

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400 views1 page

Pinote V Ayco

Judge Ayco allowed a criminal defense to present evidence in the absence of the prosecutor, who was undergoing medical treatment. The prosecutor later refused to cross-examine witnesses, claiming the previous hearings were invalid since he was absent. He filed a complaint against Judge Ayco for irregularly allowing the hearings in his absence. The Office of the Court Administrator found Judge Ayco in breach of the rules for not ensuring the prosecutor's presence and participation, though he claimed he was trying to ensure a speedy trial for the accused. Judge Ayco was reprimanded for prioritizing the rights of the accused over those of the prosecution.

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BGod
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Piñote v.

Ayco (2005): Judge Ayco of RTC South Cotabato allowed The Office of the Court Administrator cited Section 5, Rule 110 of the
the defense in "People v. Vice Mayor Salvador Ramos" to present Revised Rule on Criminal Procedure, and found respondent to have
evidence, even in the absence of State Prosecutor Pinote who was breached said rule and accordingly recommended that he be
undergoing medical treatment at the time. In the subsequent reprimanded, with warning that a repetition of the same or similar act
hearings, the latter refused to cross-examine the witnesses since the shall be dealt with more severely. Hence, all criminal actions shall
previous proceedings were allegedly void. He later filed a be prosecuted under the control and direction of the public
Manifestation, explaining why he was absent before and citing Judge prosecutor in general. A private prosecutor may be assigned if
Ayco’s acts as irregular and erroneous. He further claimed that he there are no public prosecutors or the schedule of the same is
should not be coerced to cross-examine the witnesses for the same hectic. Bear in mind that violation of criminal laws is an affront to the
reasons. However, Judge Ayco treated this as a waiver of the People of the Philippines as a whole. It is on this account that the
prosecution’s right to cross-examine which triggered an presence of a public prosecutor in the trial of criminal cases is
administrative complaint against him. Judge Ayco also said in his necessary to protect vital state interests. Respondent's intention to
Comment that petitioner only sought "to save his face and cover up uphold the right of the accused to a speedy disposition of the case
for his incompetence and lackadaisical handling of the prosecution." cannot justify a breach of the Rules. If the accused is entitled to due
Finally, respondent cited the petitioner in contempt since no prejudice process, so is the State. Lastly, his lament about petitioner’s failure to
was suffered by the prosecution and was permitted to cross examine inform him beforehand about the absences is only mitigating but does
the two defense witnesses but it refused to do so. not absolve him from his transgression.

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