Flashcards Studio

Facts: A private citizen, Sandra, reports to the Department of Justice allegations that a municipal treasurer misappropriated PHP 7,200,000 of municipal funds by forged vouchers and falsified disbursement records. After a preliminary investigation, the Department of Justice, through its National Prosecution Service, files an information in the trial court in the name of the People against the treasurer for malversation of public funds and falsification of public documents. The treasurer moves to dismiss on grounds that: (a) a private individual cannot initiate a criminal action for a public offense; (b) there was no valid preliminary investigation; (c) the information is not properly filed because the DOJ is not the proper prosecuting authority to commence the case. (a) Identify the controlling doctrine on who may institute and prosecute criminal actions for public offenses. (b) Distinguish the roles of private individuals versus the proper prosecuting authorities in initiating and prosecuting such actions. (c) Apply the doctrine to the facts and determine whether the information is properly filed and whether the case may proceed.