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SC sets rules on private-party appeals in criminal proceedings
The Supreme Court laid down the guidelines on the legal standing of private offended parties who question judgments or orders in criminal proceedings.
In a 36-page decision penned by Justice Mario V. Lopez that harmonized divergent doctrines, the Supreme Court En Banc formulated the following guidelines for determining the legal personality of a private offended party in questioning criminal judgments or orders:
1. As to the civil liability of the accused, the private complainant has the legal personality to appeal. The private offended party’s specific
certiorari.
If such an appeal or petition necessarily affects the criminal aspect of the case or the right to prosecute, the reviewing court shall require the Office of the Solicitor General (OSG) to file a comment within a non-extendible period of 30 days from notice. The OSG’s comment must state whether it conforms or concurs with the remedy of the private complainant. If the OSG is not given an opportunity to comment, the private complainant’s relief may be set aside.
2. As to the criminal aspect of the case or the right to prosecute, the private complainant has no legal personality to appeal without the conformity of the OSG, to be requested by the private complainant within the period to appeal or file a petition for certiorari. If the OSG’s conformity is not granted within such period, the private complainant must allege in his or her appeal/petition that the request is still pending with the OSG. If the OSG denies the request for conformity, the reviewing court shall dismiss the private complainant’s appeal/petition for lack of legal personality.
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3. When the petition for certiorari filed by the private complainant
challenges the acquittal of the accused, the dismissal of the criminal
case, and the interlocutory orders in criminal proceedings on the
ground of grave abuse of discretion or denial of due process, the
reviewing court shall require the OSG to file a comment within a non-extendible period of 30 days from notice.
The guidelines applied prospectively.
The SC guidelines decision stemmed from a Petition for Certiorari filed by Mamerto Austria challenging the ruling of the Court of Appeals which overturned the Regional Trial Court’s (RTC) acquittal of Austria on criminal charges of acts of lasciviousness. — DVM, GMA Integrated News