Sunday, October 16, 2011

Bureau of Customs v. Peter Sherman, et al, G.R. No. 190487, April 13, 2011.

Public prosecutor; power of direction and control over prosecution of criminal cases. (J. Abad)

It is well-settled that prosecution of crimes pertains to the executive department of the government whose principal power and responsibility is to insure that laws are faithfully executed. Corollary to this power is the right to prosecute violators. Thus, all criminal actions commenced by complaint or information are prosecuted under the direction and control of public prosecutors. In the prosecution of special laws, however, the exigencies of public service sometimes require the designation of special prosecutors from different government agencies to assist the public prosecutor; but this designation does not detract from the public prosecutor having control and supervision over the case.

The participation in the case of a private complainant, like petitioner, is limited to that of a witness, both in the criminal and civil aspect of the case. As petitioner’s motion for reconsideration of the challenged CTA Resolution did not bear the imprimatur of the public prosecutor to which the control of the prosecution of the case belongs, the present petition fails.

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