CEBU, Philippines — The Department of Justice (DOJ) has agreed with the Cebu Provincial Board (PB) that allowing policemen to prosecute cases in courts is illegal.
Justice Secretary Menardo Guevarra said the DOJ will "immediately deploy" prosecutors from other parts of the region to address the shortage of prosecutors in Cebu.
Cebu Provincial Prosecutor Ludivico Vistal Cutaran has issued Memorandum No. 2019-92 on September 23 addressed to all prosecutors to address the issue on the shortage of prosecutors to handle criminal cases in court, perform inquest duties and conduct preliminary investigations.
"I was informed that no approval from the Prosecutor General nor from the regional prosecutor was sought," said Guevarra, in a statement.
The statement came after the Cebu PB has expressly opposed Cutaran’s move of tapping the assistance of the members of the Philippine National Police in prosecuting criminal cases in municipal courts.
The measure instituted by Cutaran is in accordance with Section 5, Rule 110 of the Rules of Court.
The PB, through a resolution sponsored by Board Member John Ismael Borgonia, has requested Cutaran to reinstate provincial prosecutors assigned in Municipal Trial Courts, Municipal Circuit Trial Courts, and Municipal Trial Courts in Cities or lower courts all over the Province of Cebu and to hold in abeyance the provisions of his memorandum tapping policemen to prosecute.
Borgonia said that while Section 5, Rule 110 of the Rules of Court previously allows any peace officer to prosecute cases when the prosecutor assigned to a particular court or case is not available, the rule was amended by A.M. No. 02-2-07-SC issued by the Supreme Court, effective May 1, 2002.
“In A.M. No. 02-2-07-SC, which amended Section 5, Rule 110 of the Rules of Court, there is no longer any provision allowing peace officers to prosecute cases,” Borgonia said.
A.M. No. 02-2-07-SC specifically addresses a situation when there is a lack of public prosecutors, as in case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, it is the private prosecutor, authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor, who may prosecute the case subject to the approval of the court. (FREEMAN)