This case has been cited 1 times or more.
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2002-07-04 |
YNARES-SANTIAGO, J. |
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| prosecuted under the direction and control of the prosecutor.[61] The appreciation of what crime or what circumstances are to be included and alleged in the information is within the sound discretion and prerogative of the public prosecutor, he being the public official specifically charged with the prosecution of public offenses. Moreover, complaints are mostly prepared in municipalities, without the advice or help of counsel, and the prosecutor usually conducts another investigation and files such information as the results thereof justify.[62] Treachery is present in the case at bar. The victim was not in a position to defend himself, and the offenders consciously and deliberately adopted the particular means, methods, or form of attack employed.[63] | |||||