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 specificIf 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 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.
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.
reviewing court shall require the OSG to file a comment within a non-extendible period of 30 days from notice.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 acquittal of Austria on criminal charges of acts of lasciviousness.
Source: Law Daily Report (lawdailyreport.net)
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