WHEN A PRIVATE PROSECUTOR MAY PROSECUTE A CASE EVEN IN THE ABSENCE OF THE PUBLIC PROSECUTOR:

       A private prosecutor may prosecute the criminal action up to the end of the trial even in the absence of the public prosecutor if he authorized to do so in writing. This written authorization shall be given by either the Chief of the Prosecution Office or the Regional State Prosecutor. The written authorization in order to be given effect must however, be appointed by the court (Sec. 5, Rule 110, Rules of court; A.M. No. 02-2-07-SC, April 10, 2002 effective May 1, 2002). The written authorization to the private prosecutor shall be given because of either of the following reasons: (a) the public prosecutor has a heavy work load or, (b) there is a lack of private prosecutor (sec. 5, Rule 110, Rules of Court; A.M. No. 02-2-07-SC, April 10, 2002 effective May 1, 2002).

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