Tuesday, December 06, 2011

City Government of Tuguegarao, represented by Robert P. Guzman v. Randolph S. Ting, G.R. Nos. 192435-36, September 14, 2011.

Appeal; legal personality to appeal Sandiganbayan’s dismissal of case. The crucial issue in this case concerns petitioner’s legal personality to challenge before the Supreme Court the dismissal by the Sandiganbayan of the criminal cases against respondent. Petitioner is not the proper party to file the present action. Section 4 (c) of P.D. No. 1606, as amended, clearly provides that “in all cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its special prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.” A private complainant in a criminal case before the Sandiganbayan is allowed to appeal only the civil aspect of the criminal case after its dismissal by said court. Petitioner is not even the offended party or private complainant in the main case. While petitioner’s name was included in the caption of the cases as private complainant during the preliminary investigation and re-investigation proceedings in the Office of the Ombudsman, it is the City of Tuguegarao which suffered damage as a consequence of the subject purchase of lands by respondent and, hence, is the private complainant in the main case. City Government of Tuguegarao, represented by Robert P. Guzman v. Randolph S. Ting, G.R. Nos. 192435-36, September 14, 2011.

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