9 February 2018

HON. TURINGAN
Provincial Prosecutor
Office of the Provincial Prosecutor
Justice Hall, Bayombong
Nueva Vizcaya

Sir:

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

favor of the Law Offices of Damasen and Subia in Criminal Case No.
11135-17, entitled People of the Philippines versus MICHAEL ABUAN y
SINCO, for Reckless Imprudence Resulting in Damage to Property now
pending before the Municipal Trial Court, Solano, Nueva Vizcaya.

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
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,

ATTY. LUCKY M. DAMASEN

Copy furnished:

Municipal Trial Court

Solano, Nueva Vizcaya
/by registered mail