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    Authority To Prosecute - Sinco

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    richardgomez
    The letter requests authority from the Provincial Prosecutor to allow a private law office to prosecute a criminal case for reckless imprudence resulting in damage to property currently pending before the Municipal Trial Court. It cites section 5 of Rule 110 of the Rules of Court which allows the offended party or other individuals to prosecute cases in lower courts when the prosecutor is unavailable. It also notes that the private complainant has not reserved, waived, or instituted a civil case arising from the criminal offense. Approval would lessen the workload of the assigned prosecutor.

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    Authority To Prosecute - Sinco

    Uploaded by

    richardgomez
    210 views3 pages
    The letter requests authority from the Provincial Prosecutor to allow a private law office to prosecute a criminal case for reckless imprudence resulting in damage to property currently pending before the Municipal Trial Court. It cites section 5 of Rule 110 of the Rules of Court which allows the offended party or other individuals to prosecute cases in lower courts when the prosecutor is unavailable. It also notes that the private complainant has not reserved, waived, or instituted a civil case arising from the criminal offense. Approval would lessen the workload of the assigned prosecutor.

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    Authority to Prosecute - Sinco

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    The letter requests authority from the Provincial Prosecutor to allow a private law office to prosecute a criminal case for reckless imprudence resulting in damage to property currently pending before the Municipal Trial Court. It cites section 5 of Rule 110 of the Rules of Court which allows the offended party or other individuals to prosecute cases in lower courts when the prosecutor is unavailable. It also notes that the private complainant has not reserved, waived, or instituted a civil case arising from the criminal offense. Approval would lessen the workload of the assigned prosecutor.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    210 views3 pages

    Authority To Prosecute - Sinco

    Uploaded by

    richardgomez
    The letter requests authority from the Provincial Prosecutor to allow a private law office to prosecute a criminal case for reckless imprudence resulting in damage to property currently pending before the Municipal Trial Court. It cites section 5 of Rule 110 of the Rules of Court which allows the offended party or other individuals to prosecute cases in lower courts when the prosecutor is unavailable. It also notes that the private complainant has not reserved, waived, or instituted a civil case arising from the criminal offense. Approval would lessen the workload of the assigned prosecutor.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    9 February 2018

    HON. TURINGAN
    Provincial Prosecutor
    Office of the Provincial Prosecutor
    Justice Hall, Bayombong
    Nueva Vizcaya

    Sir:

    This is to request your good office to grant authority to prosecute in


    favor of the Law Offices of Damasen and Subia in Criminal Case No.
    11135-17, entitled People of the Philippines versus MICHAEL ABUAN y
    SINCO, for Reckless Imprudence Resulting in Damage to Property now
    pending before the Municipal Trial Court, Solano, Nueva Vizcaya.

    The authority to prosecute we seek to secure from your Honorable


    Office is based on Section 5 of Rule 110 of the Rules of Court the, pertinent
    portion of which reads:

    “Section 5. 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
    ceases upon actual intervention of the prosecutor or
    upon elevation of the case to the Regional Trial
    Court.”
    We also respectfully inform your good office that the private
    complainant in the aforesaid case has neither reserved, waived no
    instituted a civil action arising from the criminal offense as stated.

    In Yatco vs, Lim Tek Goan, 94 Phil. 197 the Supreme Court held.

    “The offended party, who has neither


    reserved, waived, nor instituted the civil action
    may intervene and such right to intervene exists
    even when no civil liability is involved, as in
    threats. Such intervention includes the active
    conduct of the case with the permission of the
    fiscal (People vs. Hernandez, 79 Phil. 672) xxx.”

    Besides, the workload of the Prosecutor assigned to that court will


    be lessened.

    Your immediate and favorable consideration of the foregoing is


    deeply appreciated.

    More power.

    Very truly yours,

    ATTY. LUCKY M. DAMASEN

    Copy furnished:

    Municipal Trial Court


    Solano, Nueva Vizcaya
    /by registered mail

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