The Legal Duty of Prosecution

"The law makes it a legal duty for the prosecuting officer to file the charges against whomsoever the evidence may show to be responsible for an offense. This does not mean, however, that they shall have no discretion at all; their discretion lies in determining whether the evidence submitted justify a reasonable belief that a person has committed an offense. What the rule demands is that all the persons who appear responsible shall be charged in the information, which implies that those against whom no sufficient evidence of guilt exists are not required to be included." (People vs. Enriquez, 220 SCRA 325, as quoted in O. Bernardo's Criminal Procedure Annotated, Fifth Edition page 6).

There is so much discretionary power in the hands of a prosecuting officer that the temptation for abuse is also great. When the rule was devised, the basic assumption must be that this duty will be performed with utmost impartiality and with the sole purpose of giving justice to everyone concerned - the victims or complainants and the accused alike. But what if this assumption does not appear to be true?

Senator Ping Lacson's case is one glaring demonstration of how the system did not work.

One uncorroborated affidavit by Cezar Mancao was all that the prosecutors needed to file the case in court.

They completely disregarded what Mancao said in two interviews several months before - that he was being enticed by somebody from Malacanang to implicate the senator in the Dacer-Corbito murder case.

They were in such a hurry to complete the preliminary investigation and file the case in court that they cancelled two scheduled hearings.

They selectively quoted portions of various affidavits but only those portions that would help their case against the senator, completely disregarding those portions which point to his innocence.

They simply disregarded the repeated statements of Glen Dumlao clearing Senator Lacson of any involvement in the abduction and murder of Dacer and Corbito.

They worked as if they were working on a deadline to put the senator behind bars before the Arroyo administration steps down from office.

Did the prosecutors perform their legal duty in Senator Ping Lacson's case?

I don't believe they did.