OCA CIRCULARS NO. 39-2002, August 21, 2002
OCA CIRCULARS NO. 39-2002, August 21, 2002
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THE COURT OF APPEALS,
SANDIGANBAYAN, REGIONAL TRIAL COURTS, SHARI’A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI’ A CIRCUIT COURTS, THE DEPARTMENT OF JUSTICE AND THE INTEGRATED BAR OF THE PHILIPPINES |
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RE:
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CLARIFICATION OF AMENDMENT TO SECTION 5, RULE 110 OF THE REVISED RULES OF CRIMINAL PROCEDURE
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The Supreme Court En Banc in its resolution dated 10
April 2002, in A. M. No. 02-2-07-SC, RE: Proposed Amendments to Section
5, Rule 110 of the Revised Rules of Criminal Procedure, Resolved to
approve the amendment to Sec. 5, Rule 110 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, or in the event of lack of public prosecutors, the private
prosecutor may be authorized in writing by the Chief of 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unless the authority is revoked or otherwise withdrawn.
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xxx
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xxx
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xxx”
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The aforementioned resolution did not state the entire first (1st)
paragraph of Section 5, Rule 110 of the Revised Rule of Criminal
Procedure resulting to confusion on the right of the offended party, any
peace officer or public officer to prosecute the criminal cases before
the Municipal Trial Courts or Municipal Circuit Trial Courts when the
public prosecutor is not available. Such right on the part of the
offended party, peace officer or public officer to prosecute the
criminal case in the aforementioned courts is still in effect and not
withdrawn. It is therefore necessary to state in toto the first (1st)
paragraph on Section 5, Rule 110 as amended by the Supreme Court
Resolution dated April 2002 in A. M. No. 02-2-07-SC as follows:
“Section 5. Who must prosecute criminal actions. —
All criminal actions either commended 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. 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
shall cease upon the actual intervention of the prosecutor or upon
evaluation of the case to the Regional Trial Court
This amendment to Rule 110 took effect on the first day of May 2002 following its publication in the Manila Bulletin.
This supercedes OCA Circular No. 14-2002 dated 01 June 2002.
For the information and guidance of all concerned.
August 21, 2002.
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PRESBITERO J. VELASCO, JR.
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Court
Administrator |