Flashcards Studio

Facts: A private citizen, Miguel, reports to the Commission on Audit (COA) allegations that a government-owned corporation’s president misappropriated PHP 12,500,000 of public funds through forged vouchers and falsified disbursement records. After a preliminary investigation, COA, through its Special Prosecutor, files an information in the Sandiganbayan in the name of the People against the corporation’s president for malversation of public funds and falsification of public documents. The president 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 COA 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.