Beruflich Dokumente
Kultur Dokumente
Villon
Facts:
In the prosecution of the Yabuts for the murder of Dimatulac, the Office of the Public Prosecutor
(particularly the Asst Prosecutor) and two Judges (who handled the case) committed serious procedural flaws
resulting in the impairment of due process (prejudicial to both the offended party and the accused).
Issue:
Can the orders of Judge Roura and Judge Villon be sustained despite procedural defects?
Held:
No. The orders of Judge Roura denying Motion to Defer proceedings are void and set aside. The order of
Judge Villon on the arraignment, and the subsequent arraignment of the Yabuts are void and set aside. Office
of the Provincial Prosecutor is ordered to comply with the DOJ Secretary’s resolution.
Prosecutors are the representatives not of an ordinary party to a controversy, but of a sovereignty whose
obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest in a
criminal prosecution is not that it shall win every case but that justice be done. They are servants of the law
whose two-fold aim is that guilt shall not escape and innocence shall not suffer.
The judge “should always be imbued with a high sense of duty and responsibility in the discharge of his
obligation to promptly and properly administer justice”. The judge’s action must not impair the substantial
rights of the accused, nor the right of the State and offended party.
When the State is deprived of due process in a criminal case by reason of grave abuse of discretion on the
part of the trial court, the acquittal of the accused or dismissal of the case is void.