Who must prosecute criminal actions
SEC. 4. Who must prosecute criminal actions. - All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of the fiscal. This is because, except for private crimes, criminal cases are public offenses committed against the state. Ignorance by the respondent prosecutor of this basic concept should not be sanctioned. In view of the foregoing considerations, I concur with the Secretary of Justice that respondent prosecutor is clearly guilty of negligence of duty and conduct prejudicial to the best interest of the service. WHEREFORE, premises considered, Assistant Provincial Prosecutor Eulogio I. Prima of the Provincial Prosecution office, Camarines Sur, is hereby imposed the penalty of six (6) months suspension from office without pay. SO ORDERED. Manila, Philippines, DEC 08 1997 (Sgd.) FIDEL V. RAMOS President of the Philippines By the President: (Sgd.) RUBEN D. TORRES Executive Secretary