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Intervention of private offended party in criminal proceedings

All criminal actions commenced by a complaint or information shall be prosecuted under the direction
and control of the public prosecutor. The private complainant in a criminal case is merely a witness and
not a party to the case and cannot, by himself, ask for the reinvestigation of the case after the
information had been filed in court, the proper party for that being the public prosecutor who has the
control of the prosecution of the case. Thus, in cases where the private complainant is allowed to
intervene by counsel in the criminal action, and is granted the authority to prosecute, the private
complainant, by counsel and with the conformity of the public prosecutor, can file a motion for
reinvestigation. [Leviste vs Alameda, G.R. No. 182677, August 3, 2010](citations ommitted)
While a private prosecutor may be allowed to intervene in criminal proceedings on appeal in the Court of
Appeals or the Supreme Court, his participation is subordinate to the interest of the People, hence, he
cannot be permitted to adopt a position contrary to that of the Solicitor General. To do so would be
tantamount to giving the private prosecutor the direction and control of the criminal proceeding, contrary
to the provisions of law. [Carino vs De Castro, G.R. No. 176084, April 30, 2008]

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