PEOPLE vs.

GABRIEL
Docket Number: GR 147832 Date: Dec. 6, 2006 Ponente: SANDOVAL-GUTIERREZ, J.
Topic: RULE 8 Created by: Lance
Petitioners Respondents
PEOPLE OF THE PHILIPPINES DANILO GABRIEL
Facts of the Case
 Two separate Information was filed by the Office of the City Prosecutor (OCP) charging Danilo
Gabriel for violating of the Dangerous Drugs Act.
 Both cases were consolidated and raffled before the RTC Olongapo City.
 RTC wrote the OCP asking for the immediate relief of the prosecutor due to the latter’s poor
performance which affects the smooth and orderly proceedings in the criminal cases.
 Thereafter, RTC ordered the provisional dismissal of the cases for failure to prosecute as no
prosecutor appeared.
 Thereafter, OSG received a letter from the OCP recommending the filing of a petition for certiorari
with the CA in order to challenge the RTC Order of dismissal.
 The OSG filed with the CA the petition for Certiorari but the latter court dismissed the petition for
being “time-barred”
Issues Ruling
 W/N the OSG have legal capacity to filed the petition for certiorari on behalf of the State
YES
before the CA
Rationale/Analysis/Legal Basis
 In criminal action brought before the Court of Appeals or the Supreme Court, the authority to
represent the State is solely vested in the OSG, pursuant to Sec. 35(1), Chapter 12, Title III, Book 3 of
the Administrative Code of 1987.
 Only the Solicitor General may bring or defend actions on behalf of the People of the Philippines once
such actions are brought before the CA or SC.
 Under Sec. 5, Rule 110 of the Revised Rules on Criminal Procedure, “All criminal actions, either
commenced by complaint or by information, shall be prosecuted under the direction and control of a
public prosecutor.
Disposition
WHEREFORE, we DENY the petition and we AFFIRM the Resolution of the Court of Appeals (Special Third
Division) dated April 10, 2001 in CA-G.R. SP No. 63552. No costs.