1. The prosecution of cases shall be under the direct control and supervision of the prosecutor. While he may turnover the actual prosecution of the criminal case to a private prosecutor, it is necessary that he be present at the trial until the final termination of the cases; otherwise, if he is absent, it cannot be gainsaid that the trial is under his supervision and control (Pinote v. Ayco, 477 SCRA 409 [2005] ).
2. The trial prosecutor may, at any time, in the exercise of his discretion, take over from the private prosecutor the actual conduct of the trial.
(a) A prosecutor, by the very nature of his office, is under no compulsion to file a particular criminal Information where he is not convinced that he has evidence to support the allegations thereof or he is not convinced of the merits of the case (Torres v. Aguinaldo, 461 SCRA 599 [2005]).
(b) The prosecution office has no more control over cases filed in court; thus, a motion for reinvestigation should be addressed to the trial judge (Baltazar v. Pantig, G.R. No. 149111, August 9, 2005).
(c) Once a case has already been filled in court, a trial prosecutor may be compelled to prosecute the case notwithstanding his personal convictions or opinions. He should present the case to the best of his ability and let the court decide the merits of the case on the basis of the evidence adduced by both parties.
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