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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