Tuesday, December 25, 2012

Appeal of Criminal Case by Offended Party


The People is the real party in interest in a criminal case and only the OSG can represent the People in criminal proceedings pending in the CA or in this Court. This ruling has been repeatedly stressed in several cases and continues to be the controlling doctrine. 

While there may be rare occasions when the offended party may be allowed to pursue the criminal action on his own behalf (as when there is a denial of due process), this exceptional circumstance does not apply in the present case (Dante LA. Jimenez, etc. Vs. Hon. Edwin Sorongon, etc., et al., G.R. No. 178607. December 5, 2012).

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