"xxx.
Policies Adopted for Conduct of Court Hearing
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.
But 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. Thus:
Sec. 5. Inherent powers of court. — Every court shall have power:
x x x x
(b) To enforce order in proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority;
x x x x
(d) To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a case before it, in every manner appertaining thereto;
x x x x
(g) To amend and control its process and orders so as to make them conformable to law and justice;
x x x x
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.
Xxx."
G.R. Nos. 162144-54
November 13, 2012
PEOPLE OF THE PHILIPPINES, Petitioner,
vs.
HON. MA. THERESA L. DELA TORRE- YADAO, in her capacity as Presiding Judge, Branch 81, Regional Trial Court of Quezon City, HON. MA. NATIVIDAD M. DIZON, in her capacity as Executive Judge of the Regional Trial Court of Quezon City, PANFILO M. LACSON, JEWEL F. CANSON, ROMEO M. ACOP, FRANCISCO G. ZUBIA, JR., MICHAEL RAY B. AQUINO, CEZAR O. MANCAO II, ZOROBABEL S. LAURELES, GLENN G. DUMLAO, ALMARIO A. HILARIO, JOSE ERWIN T. VILLACORTE, GIL C. MENESES, ROLANDO ANDUYAN, JOSELITO T. ESQUIVEL, RICARDO G. DANDAN, CEASAR TANNAGAN, VICENTE P. ARNADO, ROBERTO T. LANGCAUON, ANGELITO N. CAISIP, ANTONIO FRIAS, CICERO S. BACOLOD, WILLY NUAS, JUANITO B. MANAOIS, VIRGILIO V. PARAGAS, ROLANDO R. JIMENEZ, CECILIO T. MORITO, REYNALDO C. LAS PINAS, WILFREDO G CUARTERO, ROBERTO O. AGBALOG, OSMUNDO B. CARINO, NORBERTO LASAGA, LEONARDO GLORIA, ALEJANDRO G LIWANAG, ELMER FERRER and ROMY CRUZ, Respondents.
