En Banc Resolution of the Supreme Court Re: Amendment to Section 5, Rule 110 of the Revised Rules of Criminal Procedure

April 26, 2002

DOJ MEMORANDUM CIRCULAR NO. 25

 

Attached herewith for your information, guidance and appropriate action is a xerox copy of the en banc Resolution of the Supreme Court dated April 10, 2002 approving the amendment to Section 5, Rule 110 of the Revised Rules of Criminal Procedure, which shall take effect on the first day of May 2002.

In connection therewith, the authority of a private prosecutor to prosecute a criminal action is subject to the following conditions, viz:

1. The public prosecutor has a heavy work schedule, or there is no public prosecutor assigned in the province or city;

2. The private prosecutor is authorized by the Regional State Prosecutor (RSP), Provincial or City Prosecutor;

3. The authority must be in writing;

4. The authority of the private prosecutor must be approved by the court;

5. The private prosecutor shall continue to prosecute the case until the end of the trial unless the authority is withdrawn or otherwise revoked by the RSP, Provincial or City Prosecutor; and

6. In case of the withdrawal or revocation of the authority of the private prosecutor, the same must be approved by court.

Strict compliance is hereby enjoined.

(SGD.) HERNANDO B. PEREZSecretary

EN BANC

A.M. No. 02-2-07-SC

RE: PROPOSED AMENDMENTS TO SECTION 5, RULE 110 OF THE REVISED RULES ON CRIMINAL PROCEDURE

RESOLUTION

Acting on the Memorandum dated 2 February 2002 of Court Administrator Presbitero J. Velasco, Jr. submitting for this Court's consideration and approval the proposed amendment to Sec. 5, Rule 110 of the Revised Rules of Criminal Procedure, the Court Resolved to APPROVE the amendment to Sec. 5, Rule 110 so as 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. ISaCTE

xxx xxx xxx"

This amendment to Rule 110 shall take effect on the first day of May 2002 following its publication in two newspapers of general circulation on or before 30 April 2002.

April 10, 2002

(SGD.) HILARIO G. DAVIDE, JR.

Chief Justice

(SGD.) JOSUE N. BELLOSILLO

Associate Justice

(SGD.) REYNATO S. PUNO

Associate Justice

(SGD.) SANTIAGO M. KAPUNAN

Associate Justice

(SGD.) ARTEMIO V. PANGANIBAN

Associate Justice

(SGD.) CONSUELO YNARES-SANTIAGO

Associate Justice

(SGD.) ANGELINA SANDOVAL-GUTIERREZ

Associate Justice

(SGD.) JOSE A.R. MELO

Associate Justice

(SGD.) JOSE C. VITUG

Associate Justice

(SGD.) VICENTE V. MENDOZA

Associate Justice

(SGD.) LEONARDO A. QUISUMBING

Associate Justice

(SGD.) SABINO R. DE LEON, JR.

Associate Justice

(SGD.) ANTONIO T. CARPIO

Associate Justice