Requisites to allow intervention of a private prosecutor:

First, that the workload of the fiscal is already too much.

Second, there must be a private interest involved. In other words, there is a private party that was injured.

Section 5 of Rule 110: Who must prosecute criminal action. - 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 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 end of the trial even in the absence of a public prosecutor,
unless the authority is revoked or otherwise withdrawn. x x x ."

For the recovery of civil liability in the criminal action, the appearance of a private prosecutor is
allowed under Section 16 of Rule 110:

SEC. 16. Intervention of the offended party in criminal action.—Where the civil action for
recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the offended
party may intervene by counsel in the prosecution of the offense. (Emphasis supplied.)

In the case of Lim Tek Goan vs. Yatco, 94 Phil. 197

[W]hile criminal actions, as a rule, are prosecuted under the direction and control of the public
prosecutor, however, an offended party may intervene in the proceeding, personally or by
attorney, especially in cases of offenses which cannot be prosecuted except at the instance of the
offended party. ... Apparently, the law makes no distinction between cases that are public in
nature and those that can only be prosecuted at the instance of the offended party. In either case,
the law gives to the offended party the right to intervene, personally or by counsel, and he is
deprived of such right only when he waives the civil action or reserves his right to institute one.
Such is not the situation in this case. The case at bar involves a public crime and the private
prosecution has asserted its right to intervene in the proceedings, subject to the direction and
control of the public prosecutor.

When is a private prosecutor disqualified to participate in a criminal case?

Based on the foregoing rules and jurisprudence, an offended party may intervene in the prosecution of a
crime, except in the following instances: (1) when, from the nature of the crime and the law defining and
punishing it, no civil liability arises in favor of a private offended party; and (2) when, from the nature of
the offense, the offended parties are entitled to civil indemnity, but (a) they waive the right to institute a
civil action, (b) expressly reserve the right to do so or (c) the suit has already been instituted. In any of
these instances, the private complainant's interest in the case disappears and criminal prosecution
becomes the sole function of the public prosecutor. If none of these exceptions apply the private
prosecutor cannot be barred from intervening.
In People vs. Maceda, 73 Phil, 676, the Court held that “the offended party may, as of right,
intervene in the prosecution of a crim inal action, but then only when, from the nature of
the offense, he is entitled to indemnity and his action thereof has not by him been waived or
expressly reserved.”