Friday, May 16, 2014

SECTION 5, RULE 135 OF THE RULES OF COURT GIVES THE TRIAL COURT AMPLE INHERENT AND ADMINISTRATIVE POWERS TO EFFECTIVELY CONTROL THE CONDUCT OF ITS PROCEEDINGS:

     There is nothing arbitrary about Judge Yadao’s policy of allowing only one public prosecutor and one private prosecutor to address the court during the hearing for determination of probable cause but permitting counsels representing the individual accused to do so. A criminal action is prosecuted under the direction and control of the public prosecutor. The burden of establishing probable cause against all the accused is upon him, not upon the private prosecutors whose interests lie solely in their clients’ damages claim. Besides, the public and the private prosecutors take a common position on the issue of probable cause. On the other hand, each of the accused is entitled to adopt defenses that are personal to him. (People vs. Hon. Ma. Theresa L. Dela Torre Yadao, G.R. No. 162144-54; November 13, 2012, Abad J.)

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