This case has been cited 1 times or more.
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2008-09-11 |
CHICO-NAZARIO, J. |
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| Under Section 5, Rule 110 of the Revised Rules of Criminal Procedure, criminal actions shall be prosecuted under the direction and control of the prosecutor. In the case before us, the prosecutor, after going over the complaint found probable cause to charge him with estafa. This was the prosecutor's prerogative, considering that he was the one who would prosecute the case. The prosecuting attorney cannot be compelled to file a particular criminal information.[54] The fact that the demand letter may suggest a violation of Batas Pambansa Blg. 22 cannot control his action as to what charge he will file, if he sees evidence showing probable cause to charge an accused for another crime. It is the prosecutor's assessment of the evidence before him which will prevail, and not what is contained in a demand letter. | |||||