Rules on turnover of evidence sought

To facilitate a speedier administration of justice, a judge believes it is necessary to lay down guidelines that would facilitate the immediate turning-over of evidence from police agencies to prosecutors.

In a forum with Cebu lawyers and judges, Regional Trial Court Judge Gabriel Ingles expressed that one of the reasons that a case experiences consequent delay is the delay also in the turning over of evidences by policemen to the prosecutor assigned to handle the case.

Ingles said this problem could be addressed if both the prosecution and the concerned police agencies can come up with guidelines that would govern this particular course of action.

Ingles, former president of the Integrated Bar of the Philippines-Cebu City Chapter, had called on the current IBP officers to initiate a meeting with police authorities as soon as possible.

“There should be coordination, a system that would facilitate the turning-over of documents from the police to the prosecution… the IBP should initiate the meeting as soon as possible,” Ingles said.

In line with this, Ingles also called on defense lawyers not to be too hesitant in stipulating on public documents presented by the prosecution so as not to delay the dispensation of a case.

“I’ve observed that there are defense counsels that are not willing to stipulate even on public documents… I wonder why,” Ingles said.

Regional Trial Court Executive Judge Fortunato de Gracia had admitted that with the present system adopted by the courts in the Philippines, justice cannot be obtained overnight.

“The reality is, you have to fall in line… sometimes, it’s even pure luck that your case gets heard immediately,” de Gracia said.

Meanwhile, another RTC Judge Raphael Yrastorza is encouraging lawyers to avail of a practical remedy in instances when the court is bent on issuing a warrant of arrest against a respondent in a case.

In the same dialogue with lawyers and judges, Yrastorza encouraged that lawyers immediately file a motion to suspend the issuance of a warrant of arrest. Yrastorza said he believes it would be fair to hear what lawyers of both parties have to say during the hearing of a motion to suspend the issuance of a warrant rather than to immediately issue the warrant of arrest.

A prominent case that Yrastorza is currently handling is the case against the 17-year-old alleged “bomb courier.” Before the judge decided to release the respondent from detention after posting bail, Yrastorza made sure he listened to arguments of both prosecution and defense before eventually ordering the release of the suspect. — Joeberth M. Ocao/MEEV