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HELD:
No.
The decision on whether to prosecute and
whom to indict is EXECUTIVE in character
It is the prosecution that could essentially
determine the strength of pursuing a case
against an accused
PROSECUTORIAL POWERS include
discretion to granting immunity to an
accused in exchange for testimony against
another
Justification of granting immunity: lies in the
particular need of the State to obtain the
conviction of the more guilty criminals
The power to prosecute includes the right to
determine who shall be prosecuted and the
corollary right to decide whom not to
prosecute
SEC. 17 of Rules of Court vested the OMB
with the power to grant immunity from
prosecution