How is prosecution of criminal offenses initiated in the Philippine Setting?

Criminal complaint is instituted by the filing at the Office of the Public Prosecutor..
Roles of a prosecutor- traffic cop
1. Conduct PI
2. Make proper recomm. During IP
3. Represent the government
4. Act as legal officer
5. To investigate administrative cases

PI is a statutory right and personal right because it can be waived either expressly or by
implication.
PI is a matter of right for crime committed is punishable of at least 421.
Can conduct PI
- Ombudsman
- Special prosecutor
- Provincial or city prosecutor
- National and State prosecutor
- COMELEC
- Private lawyers deputized by any of the above

Prosecutors discretion
1. Whether or not to file the case in court- (most important)
2. What charges to file
3. Whether or not to decline to prosecute the arrested party
4. Whether or not to enter plea-bargaining

Reasons for prosecutorial dismissal

1. Insufficient evidence
2. Witness problems arise
3. Due process problems

Remedies available:
1. File a motion for reconsideration
2. File an administrative appeal
3. File an administrative against the prosecutor
4. File a civil case against the prosecutor
5. File a criminal case against the prosecutor