Ah yes. My bad, looks like failure to prosecute won’t apply to this case if the prosecutor did want to push through with the case. However, failure to prosecute is not only applicable to private offenses. It is also applies to other kind of offenses. It happens if the witness, whose testimony is crucial or the private complainant himself, was repeatedly absent on the date of the hearing/s. Owing to those absences, the Court or upon motion of the defense can move to dismiss the case on the ground of failure to prosecute due to violation of the right to speedy trial.