5. Remedies from Investigator’s Action

Remedies of the Offended Party if the Prosecutor Refuses to File an Information:

• File an appeal with the Secretary of Justice, who in the exercise of his/her supervisory powers as department head, my reverse the opinion of the investigator and designate a special prosecutor to review and handle the case.
• Institute administrative charges against the erring prosecutor.
• File criminal charges under Art. 208 of the Revised Penal Code.
• File civil action for damages under Art. 27 of Civil Code.
• File an action for mandamus to compel the prosecutor to file such information only if there is grave abuse of discretion. But the general rule is that a prosecutor cannot be compelled to file an Information by mandamus.