The Supreme Court has definitively ruled that only the Office of the Solicitor General (OSG) can represent the People of the Philippines in appeals concerning the criminal aspect of a case. This means that if a criminal case is dismissed or the accused is acquitted, only the OSG can appeal on behalf of the state. Private complainants, however, can appeal the civil aspect of the case or file a special civil action for certiorari to protect their interest in the civil liabilities, but they cannot dictate criminal proceedings without the OSG’s consent. This ensures that the state’s interests in criminal prosecution are uniformly and professionally represented.

Burgos vs. Naval: Can a Private Complainant Force a Criminal Case Reinstatement?

This case revolves around a dispute over land ownership and a subsequent criminal charge of Estafa through Falsification of Public Documents. Jose Burgos, Jr., the petitioner, filed a complaint against Spouses Eladio and Arlina Naval, and their daughter Amalia Naval (collectively referred to as respondents), alleging that they fraudulently obtained title to his property. The Regional Trial Court (RTC) dismissed the case due to prescription. Burgos then elevated the matter to the Court of Appeals (CA), which dismissed his petition for lack of authority, as he did not have the OSG’s consent to represent the People of the Philippines. The central legal question is whether Burgos, as a private complainant, can pursue a certiorari petition to reinstate the criminal information without the representation of the OSG.

The Supreme Court, in its resolution, affirmed the CA’s decision. The Court emphasized the exclusive authority of the OSG to represent the People in criminal appeals. This authority is derived from Section 35(1), Chapter 12, Title III, Book IV of the 1987 Administrative Code, which explicitly states that the OSG shall represent the Government of the Philippines in all criminal proceedings before the Supreme Court and the Court of Appeals.

Section 35. Powers and Functions. – The Office of the Solicitor General shall represent the Government of the Philippines, its agencies and instrumentalities and its officials and agents in any litigation, proceeding, investigation or matter requiring the services of lawyer, x x x. It shall have the following specific powers and functions:

(1) Represent the Government in the Supreme Court and the Court of Appeals in all criminal proceedings; represent the Government and its officers in the Supreme Court, the Court of Appeals, and all other courts or tribunals in all civil actions and special proceedings in which the Government or any officer thereof in his official capacity is a party.

The Supreme Court referred to its earlier ruling in People v. Piccio to underscore the OSG’s role. The Piccio case clarified that only the OSG can appeal the criminal aspect of a case on behalf of the People. The rationale behind this is that the real party affected by the dismissal of a criminal action is the State, not merely the complaining witness. Thus, the OSG is the proper representative to ensure the State’s interests are protected in criminal proceedings.

In People v. Piccio (Piccio), this Court held that “if there is a dismissal of a criminal case by the trial court or if there is an acquittal of the accused, it is only the OSG that may bring an appeal on the criminal aspect representing the People. The rationale therefor is rooted in the principle that the party affected by the dismissal of the criminal action is the People and not the petitioners who are mere complaining witnesses. For this reason, the People are therefore deemed as the real parties in interest in the criminal case and, therefore, only the OSG can represent them in criminal proceedings pending in the CA or in this Court. In view of the corollary principle that every action must be prosecuted or defended in the name of the real party in interest who stands to be benefited or injured by the judgment in the suit, or by the party entitled to the avails of the suit, an appeal of the criminal case not filed by the People as represented by the OSG is perforce dismissible. The private complainant or the offended party may, however, file an appeal without the intervention of the OSG but only insofar as the civil liability of the accused is concerned. He may also file a special civil action for certiorari even without the intervention of the OSG, but only to the end of preserving his interest in the civil aspect of the case.“

The Court acknowledged that a private complainant may file a special civil action for certiorari without the OSG’s intervention. However, this is strictly limited to preserving their interest in the civil aspect of the case. In Burgos’s case, his petition sought the reinstatement of the Information and a ruling that the crime had not yet prescribed. These actions relate directly to the criminal aspect of the case. Therefore, the petition required the OSG’s authorization, which was not obtained.

The Supreme Court clarified that the dismissal of Burgos’s petition does not prevent him from pursuing a separate civil action to recover damages. The extinction of the penal action does not necessarily extinguish the civil action, particularly where the civil liability does not arise solely from the criminal act. This distinction is crucial in understanding the remedies available to private complainants in criminal cases.

The Court noted that the RTC dismissed the criminal case based on prescription, without making any finding that the act or omission from which civil liability could arise did not exist. Therefore, Burgos retains the right to institute a civil case under Rule 111 of the Rules of Criminal Procedure. This ensures that while he cannot dictate the course of the criminal prosecution without the OSG, he is not left without recourse to seek compensation for the damages he allegedly suffered.

FAQs

What was the key issue in this case?	The key issue was whether a private complainant could file a petition for certiorari to reinstate a criminal case dismissed by the trial court without the authorization of the Office of the Solicitor General (OSG).
Who represents the People of the Philippines in criminal appeals?	The Office of the Solicitor General (OSG) has the exclusive authority to represent the People of the Philippines in all criminal proceedings before the Supreme Court and the Court of Appeals. This is mandated by the 1987 Administrative Code.
Can a private complainant appeal a criminal case without the OSG’s involvement?	A private complainant can appeal without the OSG’s involvement, but only concerning the civil liability of the accused. They can also file a special civil action for certiorari to preserve their interest in the civil aspect of the case.
What is the significance of the People v. Piccio case?	People v. Piccio reinforces the principle that the OSG is the sole representative of the People in criminal appeals. It clarifies that the real party in interest in a criminal case is the State, not the private complainant.
What remedy is available to a private complainant if a criminal case is dismissed?	If a criminal case is dismissed, a private complainant can institute a separate civil case to recover damages, provided the civil liability does not arise solely from the criminal act and that the act from which civil liability may arise did exist.
What happens to the civil action when the penal action is extinguished?	The extinction of the penal action does not automatically extinguish the civil action. The civil action can proceed independently, especially if the court has not ruled that the act or omission giving rise to the civil liability did not occur.
What was the basis for the RTC’s dismissal of the case against the Navals?	The RTC dismissed the criminal case against the Navals based on prescription. The court found that the prescriptive period for the alleged crime had elapsed before the information was filed.
Did Burgos obtain authorization from the OSG to file the petition for certiorari?	No, Burgos did not obtain authorization from the OSG to file the petition for certiorari. His request to the OSG was not granted, which was a key factor in the CA’s dismissal of his petition.

In summary, the Supreme Court’s decision in Burgos v. Naval reaffirms the critical role of the OSG in representing the State’s interests in criminal proceedings. While private complainants have avenues to protect their civil interests, they cannot independently pursue criminal appeals without the OSG’s authorization. This ensures a consistent and legally sound approach to criminal justice in the Philippines.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Jose Burgos, Jr. vs. Spouses Eladio SJ. Naval and Arlina B. Naval, and Amalia B. Naval, G.R. No. 219468, June 08, 2016