PINOTE V AYCO

FACTS: Arose the present administrative complaint lodged by State Prosecutor Pinote (complainant) against Judge Ayco (respondent), for Gross Ignorance of the Law, Grave Abuse of Authority and Serious Misconduct. Respondent’s act of allowing the presentation of the defense witnesses in the absence of complainant public prosecutor or a private prosecutor designated for the purpose is thus a clear transgression of the Rules which could not be rectified by subsequently giving the prosecution a chance to cross-examine the witnesses. Respondent’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. If the accused is entitled to due process, so is the State. DOCTRINE: Courts; Judges; Criminal Procedure; Due Process; Absence of Prosecutor; The act of a judge in allowing the presentation of the defense witness in the absence of the complainant public prosecutor or a private prosecutor designated for the purpose is a clear transgression of the Rules which could not be rectified by subsequently giving the prosecution a chance to cross-examine the witness. Sec. 5. Who must prosecute criminal actions. - All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor. In case of heavy work schedule or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecution Office to prosecute the case subject to the approval of the Court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn.