Lim Tek Goan vs Honorable Nicasio Yatco

Facts:
A criminal case was fled against Co Peng in the Cort o! First "nstance
o! Lagna# $resided b% res$ondent &dge'
(n )e$tember *+# *+,-# the frst witness on the said crriminal case !or
the $rosection has testifed# and the consel !or $rivate $rosection moved
!or the $ost$onement o! the trial on the grond that their ne.t witness was
sick and nable to come to cort' The motion was granted'
(n November */# *+,-# the schedle !or ne.t hearing# the consel !or
r$rivate $rosection fled again a motion !or $ost$onement seeking to
trtans!err the case to the )an Pablo branch alleging that his witnesses as
well as the de!endants werer residents o! )an Pablo and it wold be to their
convencience that the trial be contined there' Tthhhe motion was ob0ected
b% Fiscal 1avin Carreon who arged that he saw no reason !or the transs!er
and he !ond no reason !or the $rivate $rosector to insist his $etition and
since the $rivate $rosector is acting nder the direction and control o! the
fscal# his a$$earance in this case was not aas a matter o! right bt merel%
b% tolerance on the $art o! the cort'
"sse:
2(N the o3ended $art% in a criminal case ma% intervene# $ersonall%
or b% attorne%'
4ling:
Yes# the o3ended $art% in a criminal case ma% intervene# $ersonall% or
b% attorne%'
The rles o! criminal $rocedres $rovides that all criminal actions
either commenced b% com$laint or b% in!ormation shall ee $rosected
nder the direction andd control o! the fsscal nless the o3ended $art% has
waived the civil action or e.$ressl% reserved the right to institte it a!ter the
termination o! the ciriminal case ''' he ma% intervene# $ersonall% or b%
attorne% in t he $rosection o! o3enses'
"n this case# criminal actions as a rle are $rossected nder the
direction and control o! the fscal# however# o3ended $art% ma% intervene
in the $rocceeeding# $ersonall% or b% attorne%# sch that his intervention
mst alwa%s be sb0ect to the direction and control o! the $rosecting o5cial'