En Banc Resolution of the Supreme Court Re: Amendment to Section 5, Rule 110 of the Revised Rules of Criminal Procedure
On April 10, 2002, the Supreme Court of the Philippines approved an amendment to Section 5 of Rule 110 of the Revised Rules of Criminal Procedure, effective May 1, 2002. This amendment stipulates that while criminal actions are primarily prosecuted by public prosecutors, private prosecutors may be authorized to take over in cases of heavy workloads or lack of public prosecutors. The authorization must be in writing, approved by the court, and allows private prosecutors to continue until the trial's conclusion unless the authority is revoked. The memo emphasizes strict compliance with these conditions to ensure proper prosecution of criminal actions.
April 26, 2002
DOJ MEMORANDUM CIRCULAR NO. 25
| TO | : | All Regional State Prosecutors, Provincial and City Prosecutors, and their Assistants and State Prosecutors and Prosecution Attorneys' in the Office of the Chief State Prosecutor |
| SUBJECT | : | En Banc Resolution of the Supreme Court Re: Amendment to Section 5, Rule 110 of the Revised Rules of Criminal Procedure |
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 The private prosecutor shall continue to prosecute the case until the end of the trial unless the authority is withdrawn or otherwise revoked by the RSP, Provincial or City Prosecutor; and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
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(SGD.) HILARIO G. DAVIDE, JR.
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Chief Justice
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(SGD.) JOSUE N. BELLOSILLO
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Associate Justice
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(SGD.) REYNATO S. PUNO
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Associate Justice
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(SGD.) SANTIAGO M. KAPUNAN
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Associate Justice
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(SGD.) ARTEMIO V. PANGANIBAN
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Associate Justice
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(SGD.) CONSUELO YNARES-SANTIAGO
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Associate Justice
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(SGD.) ANGELINA SANDOVAL-GUTIERREZ
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Associate Justice
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(SGD.) JOSE A.R. MELO
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Associate Justice
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(SGD.) JOSE C. VITUG
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Associate Justice
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(SGD.) VICENTE V. MENDOZA
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Associate Justice
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(SGD.) LEONARDO A. QUISUMBING
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Associate Justice
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(SGD.) SABINO R. DE LEON, JR.
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Associate Justice
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(SGD.) ANTONIO T. CARPIO
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Associate Justice
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