Unit 5, Mango Suites, Calao East

Santiago City
The Law Offices of Tel: (078) 305-2392
Mobile: 09178730405
Email: lmdlawoffice@gmail.com

6 February 2018

Hon. Dinahlyn L. Gelacio

Deputy Provincial Prosecutor of Isabela
Acting Provincial Prosecutor
Office of the Provincial Prosecutor

Ilagan, Isabela

Dear Prosecutor Gelacio:

This is to request your good office to grant authority to prosecute in

favor of The Law Offices of Damasen & Subia in Criminal Case No. 11699
entitled People of the Philippines versus Jesson Baysac, et al., now pending
before the Regional Trial Court of Cauayan City, Isabela, Branch 40.

The authority to prosecute we seek to secure from your Honorable

Office is based on Section 5 of Rule 110 of the Rules of Court the, pertinent
portion of which reads:
“Section 5. Who must prosecute criminal
actions. — All criminal actions commenced by a
complaint or information shall be prosecuted
under the direction and control of the prosecutor.
However, in Municipal Trial Courts or Municipal
Circuit Trial Courts when the prosecutor assigned
thereto or to the case is not available, the
offended party, any peace officer, or public officer
charged with the enforcement of the law violated
may prosecute the case. This authority ceases
upon actual intervention of the prosecutor or
upon elevation of the case to the Regional Trial
Court.”
We also respectfully inform your good office that the private
complainant in the aforesaid case has neither reserved, waived no
instituted a civil action arising from the criminal offense as stated.
In Yatco vs, Lim Tek Goan, 94 Phil. 197 the Supreme Court held.

“The offended party, who has neither

reserved, waived, nor instituted the civil action
may intervene and such right to intervene exists
even when no civil liability is involved, as in
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 Unit 5, Mango Suites, Calao East
Santiago City
The Law Offices of Tel: (078) 305-2392
Mobile: 09178730405
Email: lmdlawoffice@gmail.com

threats. Such intervention includes the active

conduct of the case with the permission of the
fiscal (People vs. Hernandez, 79 Phil. 672) xxx.”

Besides, the workload of the Prosecutor assigned to that court will

be lessened.

Your immediate and favorable consideration of the foregoing is

deeply appreciated.

More power.

Very truly yours,

THE LAW OFFICES OF

DAMASEN & SUBIA

By:

ATTY. LUCKY M. DAMASEN

WITH MY CONFORMITY:

RONEL JAPAY Y CONSAS

Complainant

Copy furnished:

Regional Trial Court

Branch 40
Cauayan City, Isabela
-by reg. mail w/ ret. card

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