The private complainants lacked the legal personality to appeal
732 SCRA 254 | August 6, 2014 the dismissal of the criminal case in question. It is well-settled that Petitioner: People of the Philippines, Malayan Insurance Company, Inc. the authority to represent the State in appeals of criminal cases and Helen Dee (private complainants-petitioners) before the court and the CA is vested solely on the OSG which is the Respondents: Phillip Piccio, Mia Gatmaytan, Ma. Annabella Santos, law office of the Government whose specific powers and functions John Joseph Gutierrez, Jocelyn Upano, Jose Dizon, Rolando Pareja, include that of representing the Republic and/or the people before Wonina Bonifacio, Elvira Cruz, Cornelio Zafra, Vicente Ortuoste, any court in any action which affects the welfare of the people as the Victoria Jacinto, Juvenvio Pereche Jr., Ricardo Lorayes, Peter ends of justice may require. Suchianco and Trennie Monsod Jurisprudence also holds that if there is a dismissal of a criminal case FACTS: by the trial court or if there is an acquittal of the accused, it is only the • August 25, 2005: a group called Parents Enabling Parents Coalition, OSG that may bring an appeal on the criminal aspect representing Inc. (PEPCI), posted on the website www.pepcoalition.com an article the People. The rationale is rooted in the principle that the party entitled “Back to the Trenches: A Call to Arms, AY/HELEN Chose the affected by the dismissal of the criminal action is the People and not War Dance with Coalition”. the petitioners who are merely complaining witnesses. For this • October 18, 2005: Jessie John Gimenez, President of the Philippine reason, the People are deemed as the real parties-in-interest in the Integrated Advertising agency, advertising arm of the Yuchengco criminal case. Consequently, only the OSG can represent them in Group of Companies, to which Malayan Insurance Company is a criminal proceedings pending in the CA or in the SC. corporate member – filed a complaint before the Office of the City Prosecutor of Makati City against PEPCI for libel. It was alleged that The private party may file an appeal without the intervention of the the article was highly defamatory and libelous against the OSG only insofar as the civil liability of the accused is concerned. Yuchengco family and the Yuchengco Group of Companies (particularly Malayan Insurance and Helen Dee). Petitioners, therefore, have no personality or legal standing to • The OCP found probable cause to indict 16 trustees, officers and/or interpose an appeal in a criminal proceeding. Since the OSG had members of PEPCI for 13 counts of libel. It was then raffled to the expressly withheld its conformity and endorsement, the CA correctly RTC of Makati City. dismissed the appeal. However, it must be clarified that the dismissal • May 23, 2007: RTC quashed the criminal information and dismissed is without prejudice to their filing of the appropriate action to preserve the case for lack of jurisdiction saying that the criminal information their interests but only with respect to the civil aspect of the libel failed to allege where the article was printed and first published or case. where the offended parties reside. • February 29, 2008: People of the Philippines, through private DISPOSITION: prosecutors and with the conformity of public prosecutor Vermug, The petition is DENIED. filed a Notice of Appeal. Soon after, petitioners filed the Brief for the Private Complainants-Appellants. • Respondents filed a Motion to Dismiss Appeal on the ground that the brief filed by petitioners did not carry he conforme of the OSG and that ordinary appeal was not the appropriate remedy. • September 15, 2009: CA dismissed the appeal on the ground that the OSG had not given its conformity to the said appeal.
ISSUE: 1. Whether or not petitioners, being mere private complainants, may appeal an order of the trial court dismissing a criminal case even without the OSG’s conformity