SC: If SolGen conforms, private parties can now appeal criminal judgment

The principle in question was whether a private complainant can appeal a case in a criminal proceeding. In Austria’s case, the private complainants sought the CA’s help after the accused secured his victory at the RTC level.The SC reiterated that a private complainant has no legal personality or capacity to appeal without the conformity of the OSG – the state’s primary legal counsel – adding that the request shall be made “within the period to appeal or file a petition for certiorari.

However, the SC said if the appeal will affect a criminal aspect of the case or the right to prosecute, the OSG will be required by the reviewing court to file a comment within a non-extendible period of 30 days. However, the RTC’s conviction was overturned when a new presiding judge granted the teacher’s motion for reconsideration , while the private complainant’s own MR was denied. The private complainants – not the state – elevated the case to the CA and asked the court to review the RTC’s decision, saying there was an alleged grave abuse of discretion.

Afterwards, Austria brought the case to the High Court, where he invoked his right against double jeopardy. He also claimed that the private complainants have no legal personality to appeal against his acquittal. The SC later required the OSG to file a comment regarding the private complainant’s legal standing in the case.

Source: Law Daily Report (lawdailyreport.net)

Philippines Latest News, Philippines Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

Senior high students of Mandaue nat’l high school show entrepreneurial skills in one-day bazaarMANDAUE CITY, Philippines — Senior high students of the Mandaue City Comprehensive National High School (MCCNHS) showcased their entrepreneural skills in a one-day bazaar organized on Thursday,
Source: cebudailynews - 🏆 8. / 71 Read more »

Euro hits 10 month-high on dollar, as central banks chart divergent coursesThe euro sat at a 10-month high against the dollar, ahead of a European Central Bank meeting at which markets expect a half-percentage point rate increase, a day after the U.S. Federal Reserve slowed the pace of its rises to 25 basis points. | Reuters
Source: inquirerdotnet - 🏆 3. / 86 Read more »

Taguig court convicts alleged NPA member for illegal possession of firearms, ammunitionA court in Taguig City has found an alleged member of the New People’s Army guilty of illegal possession of firearms and ammunition, the Justice Department announced Thursday.
Source: gmanews - 🏆 11. / 68 Read more »

Inflation remained high in Jan. — BSP - BusinessWorld OnlineHEADLINE INFLATION likely settled within the 7.5% to 8.3% range in January due to a rise in power and water rates, and higher pump prices, the Bangko Sentral ng Pilipinas (BSP) said on Tuesday. The BSP’s month-ahead forecast range indicates that inflation may have been faster than the 14-year high of 8.1% in December […]
Source: bworldph - 🏆 9. / 68 Read more »

Republicans oust Ilhan Omar from high-profile US House committeeUS House of Representatives Republicans ousted Democrat Ilhan Omar from a high-profile committee over remarks widely condemned as antisemitic, two years after Democrats removed two Republicans from committee assignments. | Reuters Reuters Reuters 'Elections have consequences '-- Barrack Obama Bye bye! 😆😆😆
Source: inquirerdotnet - 🏆 3. / 86 Read more »

Japan Jan services activity growth at three-month high – PMIJapan’s services sector activity grew at its fastest pace in three months in January, but worsening inflation and employment trends point to challenges ahead, a business survey showed, as policymakers bet on the country’s economic reopening to lift demand.
Source: inquirerdotnet - 🏆 3. / 86 Read more »