OCA CIRCULARS NO. 14-2002, June 18, 2002
OCA CIRCULARS NO. 14-2002, June 18, 2002
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TO:
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THE COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIAL
COURTS, SHARIA 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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SUBJECT:
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AMENDMENT TO SECTION 5, RULE 5, RULE 110 OF THE
REVISED RULE 110 OF THE REVISED RULES OF CRIMINAL PROCEDURE |
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, 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. In case of
heavy work schedule of public prosecutor, or in the event of lack of public
prosecutors, the private prosecutors, the private prosecutor may be authorized
in writing by the chief of the Prosecution Office or the Regional State
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 public prosecutor, unless the
authority is revoked or otherwise withdrawn.
xxx
The amendment to Rule 110 took effect on the first day of May 2002 following
its publication in the Manila Bulletin.
For the information and guidance of all concerned.
18 June 2002
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(SGD) JOSE P. PEREZ
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Acting Court
Administrator |
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(SGD) JOSUE N. BELLOSILLO
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(SGD) JOSE A. R. MELO
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Associate Justice
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Associate Justice
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Chairman, Second Division
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Chairman, Third Division
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(By virtue and pursuant to A. M. No. 99-1-05-SC
and A.M. No.
99-12-08-SC)