Facts:
Appellant Cañete was convicted of the crime of rape committed against a 12-year child. He assails decision of the trial court, contending that the trial court erred in participating directly and actively in the presentation and reception of the prosecution’s evidence thereby failing to uphold the “cold neutrality of an impartial judge. He avers that when the prosecution tried to elicit from the offended party how appellant’s penis could have been inserted into her vagina with his pants still on and the appellant’s counsel objected to the question, the presiding judge himself took the cudgels for the prosecution and propounded questions on the private complainant. Worse, the presiding judge posed leading questions to the private complainant. The presiding judge was biased and partial to the prosecution.
Decision:
Decision:
The Court does not agree with the appellant’s submission. In People v. Ancheta, this Court emphasized that a presiding judge enjoys a great deal of latitude in examining witnesses within the course of evidentiary rules. The presiding judge should see to it that a testimony should not be incomplete or obscure. After all, the judge is the arbiter and he must be in a position to satisfy himself as to the respective claims of the parties in the criminal proceedings. In People v. Zheng Bai Hui, this Court reiterated that:
In any case, a severe examination by a trial judge of some of the witness for the defense in an effort to develop the truth and to get at the real facts affords no justification for a charge that he has assisted the prosecution with an evident desire to secure a conviction, or that he had intimidated the witnesses for the defense. The trial judge must be accorded a reasonable leeway in putting such questions to witnesses as may be essential to elicit relevant facts to make the record speak the truth. Trial judges in this jurisdiction are judges of both the law and the facts, and they would be negligent in the performance of their duties if they permitted a miscarriage of justice as a result of a failure to propound a proper question to a witness which might develop some material bearing upon the outcome. In the exercise of sound discretion, he may put such question to the witness as will enable him to formulate a sound opinion as to the ability or the willingness of the witness to tell the truth. A judge may examine or cross-examine a witness. He may propound clarificatory questions to test the credibility of the witness and to extract the truth. He may seek to draw out relevant and material testimony though that testimony may tend to support or rebut the position taken by one or the other party. It cannot be taken against him if the clarificatory questions he propounds happen to reveal certain truths which tend to destroy the theory of one party.
There is nothing improper in the questions posed by the trial court. Neither are the questions prejudicial to the appellant or suggestive of any partiality of the trial court. It bears stressing that from the testimony of the private complainant, the appellant was wearing his short pants before he mounted her and even when he was already on top of her and managed to penetrate her sexual organ with his penis. The public prosecutor wanted the private complainant to explain to the court how the appellant could have inserted his penis into her vagina considering that he was still wearing his short pants. Although crudely and ungrammatically phrased, the question of the public prosecutor “where did he let his penis exit considering that he is then wearing a short pants” was not leading. The trial court should have overruled the objection and allowed the private complainant to answer the question. However, the trial court was not precluded from asking questions to avoid further wrangling between the public prosecutor and the appellant’s counsel which may frightened or unnerved the private complainant, a minor and who was unused to judicial proceedings. After all, the trial court was mandated to discover the truth.
In any case, a severe examination by a trial judge of some of the witness for the defense in an effort to develop the truth and to get at the real facts affords no justification for a charge that he has assisted the prosecution with an evident desire to secure a conviction, or that he had intimidated the witnesses for the defense. The trial judge must be accorded a reasonable leeway in putting such questions to witnesses as may be essential to elicit relevant facts to make the record speak the truth. Trial judges in this jurisdiction are judges of both the law and the facts, and they would be negligent in the performance of their duties if they permitted a miscarriage of justice as a result of a failure to propound a proper question to a witness which might develop some material bearing upon the outcome. In the exercise of sound discretion, he may put such question to the witness as will enable him to formulate a sound opinion as to the ability or the willingness of the witness to tell the truth. A judge may examine or cross-examine a witness. He may propound clarificatory questions to test the credibility of the witness and to extract the truth. He may seek to draw out relevant and material testimony though that testimony may tend to support or rebut the position taken by one or the other party. It cannot be taken against him if the clarificatory questions he propounds happen to reveal certain truths which tend to destroy the theory of one party.
There is nothing improper in the questions posed by the trial court. Neither are the questions prejudicial to the appellant or suggestive of any partiality of the trial court. It bears stressing that from the testimony of the private complainant, the appellant was wearing his short pants before he mounted her and even when he was already on top of her and managed to penetrate her sexual organ with his penis. The public prosecutor wanted the private complainant to explain to the court how the appellant could have inserted his penis into her vagina considering that he was still wearing his short pants. Although crudely and ungrammatically phrased, the question of the public prosecutor “where did he let his penis exit considering that he is then wearing a short pants” was not leading. The trial court should have overruled the objection and allowed the private complainant to answer the question. However, the trial court was not precluded from asking questions to avoid further wrangling between the public prosecutor and the appellant’s counsel which may frightened or unnerved the private complainant, a minor and who was unused to judicial proceedings. After all, the trial court was mandated to discover the truth.
Citation: People of the Philippines vs Kakingcio Cañete, G.R. No. 142930, March 28, 2003