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