B.

Prosecution of the Criminal Action (Section 5 Rule 110)

Public Prosecutor– a representative not of an ordinary party to a controversy, but of the sovereignty
whose obligation to govern impartially is as compelling as its obligation not to govern at all

2 fold aim: to see that guilt shall not escape or innocent suffer.

1. General rule as to who must prosecute a criminal action.

- All criminal actions covered by a complaint or information shall be prosecuted under the direct
control and supervision of the public prosecutor.

a. Consequence of the rule

- The public prosecutor, in the exercise of his functions, has the power and discretion to:

(a) determine whether a prima facie case exists,

(b) decide which of the conflicting testimonies should be believed free from the interference or control
of the offended party, and
(c) subject only to the right against self-incrimination, determine which witnesses to present in court.

b. Exceptions

- 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withdrawn.