people vs dela torre- yadao

PEOPLE OF THE PHILIPPINES VS. HON. DELA TORRE-YADAO, ET AL.

G.R. No. 162144-54 ; 13 November 2012

FULL TEXT

Facts:

This case, which involves the alleged summary execution of suspected members of the Kuratong Bale/eng Gang, is once again before this Court this time questioning, among other things, the trial qmrt's determination of the absence of probable cause and its dismissal of the criminal actions.1

On review, however, the Office of the Ombudsman reversed the finding and filed charges of murder against the police officers involved before the Sandiganbayan in Criminal Cases 23047 to 57, except that in the cases of respondents Zubia, Acop, and Lacson, their liabilities were downgraded to mere accessory. On arraignment, Lacson pleaded not guilty.

Upon respondents’ motion, the Sandiganbayan ordered the transfer of their cases to the Regional Trial Court (RTC) of Quezon City on the ground that none of the principal accused had the rank of Chief Superintendent or higher. Pending the resolution of the Office of the Special Prosecutor’s motion for reconsideration of the transfer order, Congress passed Republic Act (R.A.) 8249 that expanded the Sandiganbayan’s jurisdiction by deleting the word "principal" from the phrase "principal accused" to apply to all pending cases where trial had not begun. As a result of this new law, the Sandiganbayan opted to retain and try the Kuratong Baleleng murder cases.

Respondent Lacson challenged the constitutionality of R.A. 8249 in G.R. 1280964 but this Court upheld its validity. Nonetheless, the Court ordered the transfer of the trial of the cases to the RTC of Quezon City since the amended informations contained no allegations that respondents committed the offenses charged in relation to, or in the discharge of, their official functions as required by R.A. 8249.

Invoking their constitutional right against double jeopardy, Lacson and his co-accused filed a petition for prohibition with application for temporary restraining order and writ of preliminary injunction before the RTC of Manila in Civil Case 01-100933. In an Order dated June 5, 2001, that court denied the plea for temporary restraining order. Thus, on June 6, 2001 the panel of prosecutors found probable cause to hold Lacson and his co-accused liable as principals for 11 counts of murder, resulting in the filing of separate informations against them in Criminal Cases 01-101102 to 12 before the RTC of Quezon City, Branch 81, now presided over by respondent Judge Ma. Theresa L. Yadao.

The Court thus set aside the CA Decision of August 24, 2001 and directed the RTC of Quezon City to try the cases with dispatch. On motion for reconsideration by respondent Lacson, the Court ordered the re-raffle of the criminal cases to a heinous crimes court. Upon re-raffle, however, the cases still went to Branch 81, which as already stated was now presided over by Judge Yadao.

On October 12, 2003 the parents of two of the victims submitted birth certificates showing that they were minors. Apparently reacting to this, the prosecution amended the informations to show such minority and asked respondent Executive Judge Ma. Natividad M. Dizon to recall the assignment of the cases to Branch 81 and re-raffle them to a family court. The request for recall was denied.

On October 20, 2003 the prosecution filed an omnibus motion before Branch 81, praying for the re-raffle of Criminal Cases 01-101102 to12 to the family courts in view of the changes in the two informations. On October 24, 2003 the prosecution also filed its consolidated comment ex-abundanti cautela on the motions to determine probable cause.

On November 12, 20036 Judge Yadao issued an order, denying the prosecution’s motion for re-raffle to a family court on the ground that Section 5 of R.A. 8369 applied only to living minors. She also granted the motions for determination of probable cause and dismissed the cases against the respondents since the affidavits of the prosecution witnesses were inconsistent with those they submitted in the preliminary investigations before the Ombudsman for the crime of robbery.

On November 25, 2003 the prosecution filed a verified motion to recuse or disqualify Judge Yadao and for reconsideration of her order. It also filed an administrative complaint against her for dishonesty, conduct prejudicial to the best interests of the service, manifest partiality, and knowingly rendering an unjust judgment.7 On January 14, 2004, the prosecution filed an urgent supplemental motion for compulsory disqualification with motion for cancellation of the hearing on motion for reconsideration.

Issue:
is judge Yadao liable for grave abuse of discretion

Ruling:

NO.

The prosecution claims that Judge Yadao committed grave abuse of discretion in failing to inhibit herself from hearing the cases against the respondents.

The rules governing the disqualification of judges are found, first, in Section 1, Rule 137 of the Rules of Court, which provides:

Sec. 1. Disqualification of judges. – No judge or judicial officer shall sit in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel, or in which he has presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record.

A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above.

and in Rule 3.12, Canon 3 of the Code of Judicial Conduct, which states:

Rule 3.12. – A judge should take no part in a proceeding where the judge’s impartiality might reasonably be questioned. These cases include among others, proceedings where:

(a) the judge has personal knowledge of disputed evidentiary facts concerning the proceeding;

x x x x

(e) the judge knows the judge’s spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding. In every instance, the judge shall indicate the legal reason for inhibition.

The first paragraph of Section 1, Rule 137 and Rule 3.12, Canon 3 provide for the compulsory disqualification of a judge while the second paragraph of Section 1, Rule 137 provides for his voluntary inhibition.

Here, the prosecution contends that Judge Yadao should have inhibited herself for improperly submitting to a public interview on the day following her dismissal of the criminal cases against the respondents. But the Court finds nothing basically reprehensible in such interview. Judge Yadao’s dismissal of the multiple murder cases aroused natural public interest and stirred the media into frenzy for correct information. Judge Yadao simply accommodated, not sought, the requests for such an interview to clarify the basis of her order. There is no allegation that she gave out false information. To be sure, the prosecution never once accused her of making public disclosures regarding the merits of those cases prior to her order dismissing such cases.

The prosecution also assails as constituting bias Judge Yadao’s statement that a very close relative stood to be promoted if she was to issue a warrant of arrest against the respondents. But this statement merely shows that she cannot be dissuaded by some relative who is close to her. How can this constitute bias? Besides, there is no evidence that the close relative she referred to was her spouse or child which would be a mandatory ground for disqualification.

The prosecution claims that Judge Yadao arbitrarily recognized only one public prosecutor and one private prosecutor for all the offended parties but allowed each of the counsels representing the individual respondents to be heard during the proceedings before it. She also unjustifiably prohibited the prosecution’s use of tape recorders.

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.26 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.

As for the prohibition against the prosecution’s private recording of the proceedings, courts usually disallows such recordings because they create an unnecessary distraction and if allowed, could prompt every lawyer, party, witness, or reporter having some interest in the proceeding to insist on being given the same privilege. Since the prosecution makes no claim that the official recording of the proceedings by the court’s stenographer has been insufficient, the Court finds no grave abuse of discretion in Judge Yadao’s policy against such extraneous recordings.