Case Digest (G.R. No. 150793)
Facts:
Francis Chua v. Hon. Court of Appeals and Lydia C. Hao, G.R. No. 150793, November 19, 2004, the Supreme Court First Division, Quisumbing, J., writing for the Court. On February 28, 1996, Lydia C. Hao, treasurer of Siena Realty Corporation, filed a complaint-affidavit with the City Prosecutor of Manila charging petitioner Francis Chua (and initially his wife Elsa Chua) with falsification of public documents under Art. 172 in relation to Art. 171 of the Revised Penal Code, alleging that Chua caused corporate minutes to falsely show Hao’s presence at a stockholders’ meeting.The City Prosecutor filed an Information (Crim. Case No. 285721) in the Metropolitan Trial Court (MeTC) of Manila, Branch 22, against Francis Chua; Elsa Chua was dismissed from the charge. During trial in the MeTC, private prosecutors Atty. Evelyn Sua‑Kho and Atty. Ariel Bruno Rivera appeared for Hao and presented her as the first witness. After Hao’s testimony, Chua moved to exclude the complainants’ counsel as private prosecutors on the ground that Hao failed to allege or prove any personal civil liability; the MeTC granted the motion in an Order dated April 26, 1999, excluding the private prosecutors from actively prosecuting the case.
Hao filed a petition for certiorari before the Regional Trial Court (RTC) of Manila, Branch 19 (SCA No. 99‑94846), contesting the MeTC order. The RTC granted the petition and, in an Order dated October 5, 1999, directed the MeTC to allow the private prosecutors to participate in prosecuting the civil aspect of Criminal Case No. 285721; reconsideration was denied. Chua then sought relief from the Court of Appeals in CA‑G.R. SP No. 57070; the CA, in a Decision dated June 14, 2001 (authored by Atty. Abesamis, JJ. Jacinto and De Los Santos concurring), denied due cour...(Subscriber-Only)
Issues:
- Was the criminal complaint in Criminal Case No. 285721 in the nature of a derivative suit?
- Was Siena Realty Corporation a proper party (petitioner) in SCA No. 99‑94846 before the RTC?
- Should private prosecutors be allowed to actively participate in the trial of Criminal Case No. 285721 to...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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