Amendment to Section 5, Rule 110 of the Revised Rules of Criminal Procedure
On June 18, 2002, the Supreme Court of the Philippines issued OCA Circular No. 14-02, announcing an amendment to Section 5, Rule 110 of the Revised Rules of Criminal Procedure. The amendment stipulates that all criminal actions must be prosecuted under the direction of a public prosecutor; however, if a public prosecutor is unavailable due to heavy workload or lack of personnel, a private prosecutor may be authorized to proceed with the case. This authorization must be in writing from the Chief of the Prosecution Office or the Regional State Prosecutor and requires court approval. Once appointed, the private prosecutor is permitted to continue until the trial's conclusion unless the authority is revoked. The amendment took effect on May 1, 2002, following publication.
Law Information
- Reference Number
- OCA Circular No. 14-02
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
June 18, 2002
OCA CIRCULAR NO. 14-02
| TO | : | The Court of Appeals, Sandiganbayan, Regional Trial Courts, Shari'a District Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, Shari'a Circuit Courts, the Department of Justice and the Integrated Bar of the Philippines |
| SUBJECT | : | Amendment to Section 5, Rule 110 of the Revised Rules of Criminal Procedure |
The Supreme Court En Banc in its Resolution dated 10 April 2002, in A.M. No. 02-2-07-SC, RE: Proposed Amendments to Section 5, Rule 110 of the Revised Rules of Criminal Procedure, Resolved to approve the amendment to Sec. 5, Rule 110 to read as follows:
"Section 5. Who must prosecute criminal actions. — All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. In case of heavy work schedule of the public prosecutor, or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn.
xxx xxx xxx"
This amendment to Rule 110 took effect on the first day of May, 2002, following its publication in the Manila Bulletin.
For the information and guidance of all concerned.
June 18, 2002
(SGD.) JOSE P. PEREZActing Court Administrator
Cite This Law
Amendment to Section 5, Rule 110 of the Revised Rules of Criminal Procedure, OCA Circular No. 14-02, Jun 18, 2002 (Philippines)
Amendment to Section 5, Rule 110 of the Revised Rules of Criminal Procedure, OCA Circular No. 14-02 (Phil. 2002)
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