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.
Monthly Archives: September 2011
81 posts
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 […]
Once the information is filed in court, the court acquires jurisdiction. Whatever disposition the prosecutor may feel should be proper in the case thereafter should be addressed for the consideration of the court, subject only to the limitation that the court should not impair the substantial rights of the […]
According to People v. Beriales (1976 case), he should be present. If he is not physically present, it cannot be said that the prosecution was under his direction and control. But in People v. Malinao and Bravo v. CA, it was held that the proceedings are valid even without […]
Ordinarily, the proceedings had thereon without the participation of the government prosecutor may be considered a nullity. However, a private prosecutor may be allowed to prosecute the case under the authority, supervision and control of the government prosecutor. And provided all actions, pleadings or motions filed by the private […]
The decision of the prosecutor may be modified by the Secretary of Justice or in special cases by the President of the Philippines. However, pursuant to DOJ Circular No. 70-A, series of 2000, petitions for review in cases cognizable by the MTC, MTCC, MCTC, and MeTC (except in NCR) […]
In general the courts cannot interfere with the prosecutor’s discretion and control of the criminal prosecution. It is not prudent or even permissible for a court to compel the prosecutor to prosecute a proceeding originally initiated by him on the information, if he finds that the evidence relied upon […]
It simply means that the institution of a criminal action depends upon the sound discretion of the prosecutor, he may or may not file the complaint or information, follow or not follow that presented by the offended party, according to whether the evidence, in his opinion is sufficient or […]
The general rule is that all criminal actions commenced by the filing of a complaint or information shall be prosecuted under the direction and control of the prosecutor. However, in the Municipal Trial Courts and Municipal Circuit Trial Courts, if the prosecutor is not available, the offended party, any […]
The fulfillment of the suspensive condition, which is the full payment of the purchase price, will not automatically transfer ownership to the buyer although the property may have been previously delivered to him. The prospective vendor still has to convey title to the prospective buyer by entering into a […]
G.R. NO. 142411 – 473 SCRA 52 – Civil Law – Law on Sales – Contract to Sell vs Contract of Sale In January 1985, Winifreda Ursal and spouses Jesus and Cristita Moneset entered into a Contract to Sell Lot & House. The amount agreed upon was P130,000.00. Ursal is […]
456 SCRA 577 – Civil Law – Law on Sales – Contract to Sell vs Contract of Sale In 1968, spouses Ricardo and Ferma Portic acquired a parcel of land with a 3 door apartment from spouses Alcantara even though they’re aware that the land was mortgaged to the SSS. […]
In a clash of views between the judge who did not investigate and the prosecutor who did, or between the prosecutor and the offended party or the defendant, those of the prosecutor’s should normally prevail.
No. A prosecutor is under no compulsion to file a particular criminal information where he is not convinced that he has evidence to support the allegations thereof. Neither an injunction, preliminary or final, nor a writ of prohibition may be issued by the courts to restrain a criminal prosecution […]
G.R. No. 133638 – 456 SCRA 193 – Civil Law – Law on Sales – Elements of a Contract of Sale – Consent Vitiated Cleopas Ape died in 1950 and left a parcel of land (Lot 2319) to his 11 children. The children never formally divided the property amongst themselves […]