Proposed Amendments to Section 5, Rule 110 of the Revised Rules of Criminal Procedure
On April 10, 2002, the Supreme Court of the Philippines approved amendments 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, in cases where public prosecutors are overwhelmed or unavailable, a private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to take over the prosecution, subject to court approval. Once authorized, the private prosecutor can continue the case through to trial, unless the authorization is revoked. The amendment is effective from May 1, 2002, following its publication.
Quick Answers
- What is Proposed Amendments to Section 5, Rule 110 of the Revised Rules of Criminal Procedure about?
- On April 10, 2002, the Supreme Court of the Philippines approved amendments 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, in cases where public prosecutors are overwhelmed or unavailable, a private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to take over the prosecution, subject to court approval. Once authorized, the private prosecutor can continue the case through to trial, unless the authorization is revoked. The amendment is effective from May 1, 2002, following its publication.
- What type of law is <--!04102002-->A.M. No. 02-2-07-SC?
- Proposed Amendments to Section 5, Rule 110 of the Revised Rules of Criminal Procedure (<--!04102002-->A.M. No. 02-2-07-SC) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Proposed Amendments to Section 5, Rule 110 of the Revised Rules of Criminal Procedure enacted?
- Proposed Amendments to Section 5, Rule 110 of the Revised Rules of Criminal Procedure (<--!04102002-->A.M. No. 02-2-07-SC) was enacted on Apr 10, 2002.
- What is the citation for Proposed Amendments to Section 5, Rule 110 of the Revised Rules of Criminal Procedure?
- Proposed Amendments to Section 5, Rule 110 of the Revised Rules of Criminal Procedure, <--!04102002-->A.M. No. 02-2-07-SC, Apr 10, 2002 (Philippines)
Law Information
- Reference Number
- <--!04102002-->A.M. No. 02-2-07-SC
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Resolutions
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
April 10, 2002
EN BANC
A.M. No. 02-2-07-SC
RE : Proposed Amendments to Section 5, Rule 110 of the Revised Rules of 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.
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, 2001.
(SGD.) HILARIO G. DAVIDE, JR.Chief Justice
(SGD.) JOSUE N. BELLOSILLOAssociate Justice
(SGD.) REYNATO S. PUNOAssociate Justice
(SGD.) SANTIAGO M. KAPUNANAssociate Justice
(SGD.) ARTEMIO V. PANGANIBANAssociate Justice
(SGD.) CONSUELO YNARES-SANTIAGOAssociate Justice
(SGD.) ANGELINA SANDOVAL-GUTIERREZAssociate Justice
(SGD.) JOSE A. R. MELOAssociate Justice
(SGD.) JOSE C. VITUGAssociate Justice
(SGD.) VICENTE V. MENDOZAAssociate Justice
(SGD.) LEONARDO A. QUISUMBINGAssociate Justice
(SGD.) SABINO R. DE LEON, JR.Associate Justice
(SGD.) ANTONIO T. CARPIOAssociate Justice
Published in the Manila Bulletin on April 19, 2002.
Cite This Law
Proposed Amendments to Section 5, Rule 110 of the Revised Rules of Criminal Procedure, <--!04102002-->A.M. No. 02-2-07-SC, Apr 10, 2002 (Philippines)
Proposed Amendments to Section 5, Rule 110 of the Revised Rules of Criminal Procedure, <--!04102002-->A.M. No. 02-2-07-SC (Phil. 2002)
Related Laws
- Amendment to Section 5, Rule 110 of the Revised Rules of Criminal ProcedureOCA Circular No. 14-02 • Jun 18, 2002 • Supreme Court Issuances
- Clarification of Amendment to Section 5, Rule 110 of the Revised Rules of Criminal ProcedureOCA Circular No. 39-02 • Aug 21, 2002 • Supreme Court Issuances
- Amendments to the Revised Rules of Criminal Procedure to Govern Death Penalty Cases<--!09282004-->A.M. No. 00-5-03-SC • Sep 28, 2004 • Supreme Court Issuances
- Amendments to the Revised Rules of Criminal Procedure to Govern Death Penalty Cases<--!10122004-->A.M. No. 00-5-03-SC • Oct 12, 2004 • Supreme Court Issuances
- Revised Rules of Criminal Procedure<--!10032000-->A.M. No. 00-5-03-SC • Oct 3, 2000 • Supreme Court Issuances
- Revised Rule on Summary Procedure<--!10151991-->Resolution of the Court En Banc 1991 • Oct 15, 1991 • Supreme Court Issuances
Browse More Supreme Court Issuances
Explore other laws in the Supreme Court Issuances category.
View All Supreme Court IssuancesNeed Help Understanding This Law?
Ask our AI assistant to explain provisions, implications, or related laws.
Ask AI About This Law