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4 September 2023

HON. NONILON L. TAGALICUD


Chief Prosecutor
The Office of the City Prosecutor
City of Lipa, Batangas
Justice Building, Barangay Marawoy
Lipa City, Batangas
ocplipa@doh.gov.ph

Subject: Request for Authority to Prosecute Criminal Case No. 2023-0162 to


2023-0178 for: Violation of Batas Pambansa Bilang 22, entitled as
“People of the Philippines vs Tom C. Masangya”

Dear Hon. Tagalicud:

We are writing on behalf of our client, FOREMOST EG METAL CORPORATION,


represented by MR. DAVID JAVIER LUCENARIO, the private complainant in the above-
entitled case, pending before Branch 3 of the Municipal Trial Court of Lipa City, Batangas.

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.

Thank you very much.

Respectfully yours,

AT LAW OFFICE

By:

ATTY. GE ANN FRANCIA S. ROSALES


For the Firm

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Section 5 of Rule 110, as repealed by A.M No. 02-2-07-SC – Who must prosecute criminal actions.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.

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