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Authority To Prosecute Tom Masangya
Authority To Prosecute Tom Masangya
Pursuant to Section 51 of Rule 110 of the Revised Rules on Criminal Procedure, as amended
by A.M No. 02-2-07-SC, all criminal actions commenced by a complaint or information shall
be prosecuted under the direction and control of the prosecutor. The same rule authorizes a
private prosecutor to prosecute the case, subject to the approval of the court.
In this regard, we humbly request your Honorable Office, if you deem it fit and proper, to
authorize in writing the undersigned law firm to prosecute the case up to its end, even in the
absence of a public prosecutor following the aforesaid Rules.
Respectfully yours,
AT LAW OFFICE
By:
1
Section 5 of Rule 110, as repealed by A.M No. 02-2-07-SC – Who must prosecute criminal actions. – All criminal actions commenced by
a complaint or information shall be prosecuted under the direction and control of the prosecutor. However, in Municipal Trial Courts or
Municipal Circuit Trial Courts when the prosecutor assigned thereto or to the case is not available, the offended party, any peace officer,
or public officer charged with the enforcement of the law violated may prosecute the case. This authority cases upon actual intervention of
the prosecutor or upon elevation of the case to the Regional Trial Court.