In a ruling that clarifies the rights of private complainants in criminal proceedings, the Supreme Court has set new guidelines for appealing judgments. The Court emphasized that while private complainants can appeal the civil aspect of a criminal case, challenging the criminal aspect—like an acquittal—requires the consent of the Office of the Solicitor General (OSG). This decision aims to balance the rights of victims with the state’s role in prosecuting crimes, ensuring that only the OSG can challenge the criminal aspects of a case in appellate courts, unless they relinquish that right. The Court provided detailed guidance to ensure consistency and fairness in future cases, specifying when and how private complainants can seek legal remedies. This ruling affects victims seeking justice and clarifies the procedures for appealing criminal case outcomes.

Can Private Citizens Challenge Acquittals? The Austria Case and the Limits of Legal Standing

The case of Mamerto Austria v. AAA and BBB revolves around a school teacher, Mamerto Austria, who was initially convicted of acts of lasciviousness against two 11-year-old students. However, a new presiding judge later acquitted him upon reconsideration. The private complainants, the victims, then filed a special civil action for certiorari, arguing that the acquittal was rendered with grave abuse of discretion. This raised a critical legal question: To what extent can private offended parties challenge judgments in criminal proceedings, particularly when the state, represented by the OSG, has not taken the lead?

The Supreme Court addressed this issue by reaffirming the principle that the prosecution of crimes is primarily the responsibility of the State. In criminal cases, the State is the اصلی party affected by the dismissal of a criminal action, not the private complainant. The private complainant’s interest is typically limited to the civil liability of the accused. In line with this, the Court emphasized the role of the Office of the Solicitor General (OSG), stating that it is the OSG that may bring or defend actions on behalf of the Republic of the Philippines.

Section 35. Power 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 a lawyer. When authorized by the President or head of the office concerned, it shall also represent government-owned or controlled corporations. The Office of the Solicitor General shall constitute the law office of the Government and, as such, shall discharge duties requiring the service of a lawyer.

(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.

Building on this principle, the Court noted that while the private offended party may not appeal the criminal aspect of a case, they may do so concerning the civil aspect. Furthermore, the private complainant may file a special civil action for certiorari even without the intervention of the OSG, but only to the end of preserving his or her interest in the civil aspect of the case. This distinction is critical in understanding the scope of a private complainant’s legal standing.

However, the Court acknowledged that there have been divergent rulings where private complainants were allowed to question judgments and orders in criminal proceedings without the OSG’s intervention. This often occurs in situations where the trial court is alleged to have committed grave abuse of discretion amounting to lack or excess of jurisdiction, or a denial of due process. Such instances often involve questioning the validity of an acquittal or the dismissal of a criminal case equivalent to an acquittal. In these cases, the Court has recognized the private complainant’s right to file a petition for certiorari under Rule 65 of the Rules of Court.

To clarify these divergent rulings, the Court emphasized that the pronouncements in previous cases should not be construed as a blanket grant of legal personality to private complainants. The Court reiterated the well-established distinction that the People, through the OSG, have legal interest over the criminal aspect of the proceedings, whereas the private complainant has legal interest over the civil aspect of the case. This distinction is pivotal in determining who can challenge what aspects of a criminal proceeding.

In this particular case, the Court found that the Regional Trial Court (RTC) committed grave abuse of discretion when it rendered the Joint Orders acquitting Mamerto Austria. The Joint Orders failed to meet the constitutional requirement that a decision must express clearly and distinctly the facts and the law on which it is based. Section 14, Article VIII of the Constitution is explicit on this matter.

Faithful adherence to the requirements of Section 14, Article VIII of the Constitution is indisputably a paramount component of due process and fair play. It is likewise demanded by the due process clause of the Constitution. The parties to a litigation should be informed of how it was decided, with an explanation of the factual and legal reasons that led to the conclusions of the court. The court cannot simply say that judgment is rendered in favor of X and against Y and just leave it at that without any justification whatsoever for its action.

Because the Joint Orders were found to be void, the Court concluded that Mamerto Austria could not claim a violation of his right against double jeopardy. This constitutional right protects an accused from being tried twice for the same offense when a valid judgment has already been rendered. However, a void judgment has no legal effect and does not terminate the case.

To provide clarity and consistency, the Supreme Court laid down the following guidelines regarding the legal standing of private complainants in assailing judgments or orders in criminal proceedings before the SC and the CA:

1. The private complainant has the legal personality to appeal the civil liability of the accused or file a petition for certiorari to preserve his or her interest in the civil aspect of the criminal case. The appeal or petition for certiorari must allege the specific pecuniary interest of the private offended party.

2. The private complainant has no legal personality to appeal or file a petition for certiorari to question the judgments or orders involving the criminal aspect of the case or the right to prosecute, unless made with the OSG’s conformity.

3. The reviewing court shall require the OSG to file comment within a non-extendible period of thirty (30) days from notice on the private complainant’s petition for certiorari questioning 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.

What was the key issue in this case?	The key issue was determining the legal standing of private complainants to challenge judgments or orders in criminal proceedings, especially concerning the criminal aspects of the case.
Who typically represents the State in criminal appeals?	The Office of the Solicitor General (OSG) is the legal representative of the State in all criminal proceedings before the Supreme Court and the Court of Appeals.
Can a private complainant ever appeal a criminal case without the OSG?	Yes, a private complainant can appeal without the OSG’s intervention, but only concerning the civil liability of the accused, not the criminal aspect of the case.
What is the role of grave abuse of discretion in these appeals?	If a lower court is found to have committed grave abuse of discretion, a private complainant can file a petition for certiorari, questioning the decision or action, particularly if it affects their civil interests.
What happens if the OSG does not agree with the private complainant?	If the OSG denies the request for conformity, the court will typically dismiss the appeal or petition for certiorari due to the lack of legal personality of the private complainant.
What is the significance of Section 14, Article VIII of the Constitution?	This section mandates that all court decisions must clearly state the facts and the law on which they are based, ensuring due process and fair play in legal proceedings.
How does double jeopardy factor into these appeals?	The right against double jeopardy typically prevents retrying an accused for the same offense, but it does not apply if the initial judgment was void due to grave abuse of discretion.
Do these guidelines apply retroactively?	No, the guidelines set by the Supreme Court regarding the legal standing of private complainants are to be applied prospectively, affecting only future cases.

In conclusion, the Supreme Court’s decision in Mamerto Austria v. AAA and BBB offers a clear framework for understanding the legal standing of private complainants in criminal proceedings. By emphasizing the OSG’s primary role in prosecuting crimes and delineating the circumstances under which private complainants can appeal, the Court has provided valuable guidance for the bench and the bar, promoting consistency and fairness in the application of the law.

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: Mamerto Austria v. AAA and BBB, G.R. No. 205275, June 28, 2022