A.M. No. RTJ-05-1944 - Pinote vs. Ayco

On August 13 and 20, 2004, Judge Roberto L. Ayco of RTC Branch 26, South Cotabato allowed the defense in People v. Vice Mayor Salvador Ramos, et al. (Criminal Case No. 1771 TB) to present two witnesses despite the absence of State Prosecutor Ringcar B. Pinote, who was undergoing medical treatment at the Philippine Heart Center.
On August 27, October 1, 15, and 29, 2004, Prosecutor Pinote refused to cross-examine the two witnesses, asserting that the proceedings held on August 13 and 20 were void.

On November 12, 2004, Prosecutor Pinote filed a Manifestation before the trial court, restating his absence and praying that the two defense testimonies be stricken off the record and that he not be “coerced” to cross-examine.
Also on November 12, 2004, Judge Ayco issued an Order deeming that the prosecution had waived its right to cross-examine the defense witnesses.
Prosecutor Pinote then filed an administrative complaint against Judge Ayco for gross ignorance of the law, grave abuse of authority, and serious misconduct; Judge Ayco filed a Comment denying the charges, and lodged a counter-complaint against Pinote for contempt and grave misconduct.
The Office of the Court Administrator (OCA) found that Judge Ayco breached Section 5, Rule 110 of the Revised Rules of Criminal Procedure and recommended that he be reprimanded, with warning against repetition.

Whether permitting the defense to present evidence in the absence of any public or duly authorized private prosecutor violated the Revised Rules of Criminal Procedure.
Whether offering the prosecution a later chance to cross-examine could cure the procedural defect.

Whether Judge Ayco’s conduct constituted gross ignorance of the law, grave abuse of authority, or serious misconduct.
What disciplinary sanction, if any, should be imposed.