[ OCA CIRCULARS NO. 14-2002, June 18, 2002 ]

[ OCA CIRCULARS NO. 14-2002, June 18, 2002 ]

[ OCA CIRCULARS NO. 14-2002, June 18, 2002 ]

TO:

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

SUBJECT:

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case up to the end of the trial even in the absence of public prosecutor, unless the authority is revoked or otherwise withdrawn.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

xxx

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

(SGD) JOSE P. PEREZ

Acting Court Administrator

(SGD) JOSUE N. BELLOSILLO

(SGD) JOSE A. R. MELO

Associate Justice

Associate Justice

Chairman, Second Division

Chairman, Third Division

(By virtue and pursuant to A. M. No. 99-1-05-SC and A.M. No. 99-12-08-SC)