4.

Prosecution of a criminal action by a private prosecutor –Intervention of the private offended

party (Section 5 Rule 110, A.M.No. 02-2-07-SC, and A.M. No. 15-06-10-SC)

- A private prosecutor may prosecute the criminal action up to the end of the trial even in the absence
of the public prosecutor.

a. Requisites

-1. The written authorization to the private prosecutor shall be given because of either of the following
reasons:

a. the public prosecutor has a heavy work schedule; or

b. there is lack of public prosecutors

2. Written authorization shall be given by either the Chief of the Prosecution Office or the Regional
State Prosecutor

3. The written authorization in order to be given effect must, however, be approved by the court.

b. Extent of authority

-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 a public prosecutor, unless the authority is
revoked or otherwise withdrawn.

c. Effect of the filing of an independent civil action on the right of the offended party to intervene
in the prosecution of the offense.

-The institution of an independent civil action does not deprive the offended party of the right to
intervene in the civil action through a private prosecutor.

-It emphasize that the civil liabilities arising from independent civil actions and a quasi-delict do not
arise from the felony or crime, and have distinct sources from the law or the Civil Code. They are not,
hence, covered by the provision of the Revised Penal Code declaring that person liable for a felony are
also civilly liable.

- Such civil actions may proceed independently of the criminal proceedings and regardless of the result
of the latter

5. Prosecution of private crimes

a. Prosecution of adultery and concubinage

- The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the
offended spouse.

- The rule is clear: The prosecutor cannot prosecute the case where no complaint is filed by the
offended spouse.

- The same rule also provides that the action cannot be instituted against one party alone. It must be
instituted against both guilty parties, unless one of them is no longer alive

- The offense of adultery and concubinage may not be instituted if it is shown that the offended party
has consented to the offense or has pardoned the offenders. Since the rule does not distinguish, the
consent or pardon may be either expressed or implied.

b. Prosecution of seduction, abduction and acts of lasciviousness

- The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a
complaint filed by:

1.the offended party; or

2. her parents; or
 3.grandparents; or
4. guardian.

Nor, in any case, if the offender has been expressly pardoned by any of them. Note that the pardon
must be expressly made. It is clear that an implied pardon is not contemplated under this provision.

- However, if the offended party dies or becomes incapacitated before she can file the complaint, and
she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her
behalf.

- Even if a Minor, has the right to initiate the prosecution of the offense, independently of her parents,
grandparents or guardian except if she is incompetent or incapable of doing so.

-Where the minor fails to initiate the prosecution of the offense, the complaint may be filed by the
minor's parents, grandparents or guardian.