G.R. No. L-38308 – 133 SCRA 616 – Remedial Law – Criminal Procedure – De Oficio Prosecution – “Private Crimes” In July 1972, Julian Teves submitted a thumbmarked letter-complaint to Pablo Cabahug, the City Fiscal of Dumaguete. The letter-complaint alleges that he is charging criminally his wife, Milagros Donio-Teves, […]
Daily Archives: September 20, 2011
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The following are crimes that cannot be prosecuted de oficio: 1. Adultery and concubinage 2. Seduction, abduction, acts of lasciviousness 3. Defamation which consists in the imputation of an offense mentioned above The above offenses fall under the category of “private crimes”. They can only be prosecuted at the […]
The limitations are: Prosecution is entitled to Notice of hearing The Court must Await the result of a petition for review The prosecution’s stand to maintain prosecution should be Respected by the court The ultimate Test of the court’s independence is where the prosecutor files a motion to dismiss […]
Before a case is filed in court, the prosecution has control over the following: What case to file Whom to prosecute The manner of prosecution The right to withdraw the case before arraignment even without notice and hearing. After a case is filed in court, the court has control […]
No, he cannot refuse to prosecute. He is obliged by law to proceed and prosecute the criminal action. He cannot impose his opinion on the court.
The general rule is that no criminal prosecution may be restrained or stayed by any injunctive writ, preliminary or final. Public interest requires that criminal acts be immediately investigated and prosecuted for the protection of the society. See exceptions here.
Private offenses are those which cannot be prosecuted except upon complaint filed by the aggrieved party. Strictly speaking, there is no such thing as a private offense since all offenses are an outrage against the State. They are denominated as private offenses only to give deference to the offended […]