Intervention of Private Offended Party in Criminal Proceedings
1
Intervention of private offended party in criminal proceedings All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the public prosecutor. The private complainant in a criminal case is merely a witness and not a party to the case and cannot, by himself, ask for the reinvestigation of the case after the information had been filed in court, the proper party for that being the public prosecutor who has the control of the prosecution of the case. Thus, in cases where the private complainant is allowed to intervene by counsel in the criminal action, and is granted the authority to prosecute, the private complainant, by counsel and with the conformity of the public prosecutor, can file a motion for reinvestigation. [Leviste vs Alameda, G.R. No. 182677, August 3, 2010](citations ommitted) While a private prosecutor may be allowed to intervene in criminal proceedings on appeal in the Court of Appeals or the Supreme Court, his participation is subordinate to the interest of the People, hence, he cannot be permitted to adopt a position contrary to that of the Solicitor General. To do so would be tantamount to giving the private prosecutor the direction and control of the criminal proceeding, contrary to the provisions of law. [Carino vs De Castro, G.R. No. 176084, April 30, 2008]
Intervention of Private Offended Party in Criminal Proceedings
Intervention of private offended party in criminal
proceedings
All criminal actions commenced by a complaint or information
shall be prosecuted under the directionand control of the public
prosecutor. The private complainant in a criminal case is merely a
witness andnot a party to the case and cannot, by himself, ask for
the reinvestigation of the case after theinformation had been filed
in court, the proper party for that being the public prosecutor who
has thecontrol of the prosecution of the case. Thus, in cases where
the private complainant is allowed tointervene by counsel in the
criminal action, and is granted the authority to prosecute, the
privatecomplainant, by counsel and with the conformity of the
public prosecutor, can file a motion forreinvestigation. [Leviste
vs Alameda, G.R. No. 182677, August 3, 2010](citations
ommitted)While a private prosecutor may be allowed to intervene in
criminal proceedings on appeal in the Court ofAppeals or the
Supreme Court, his participation is subordinate to the interest of
the People, hence, hecannot be permitted to adopt a position
contrary to that of the Solicitor General. To do so would
betantamount to giving the private prosecutor the direction and
control of the criminal proceeding, contraryto the provisions of
law. [Carino vs De Castro, G.R. No. 176084, April 30, 2008]
