Case Digest (G.R. No. 154377)
Facts:
Pasda, Inc. v. Court of Appeals and Emmanuel D. Pascual, G.R. No. 264237, December 06, 2023, Supreme Court Second Division, Lopez, M., J., wrote for the Court.Pasda, Inc. (PASDA) filed criminal informations against its former president Emmanuel D. Pascual for three counts of qualified theft (Crim. Case Nos. 7064‑2017, 7065‑2017, and 7066‑2017), alleging that Emmanuel issued company checks in December 2015 and January 2016 and deposited the proceeds into his account in amounts of PHP 1,065,000.00, PHP 9,500,000.00, and PHP 2,870,621.08 respectively. Emmanuel pleaded not guilty and claimed that he was authorized by PASDA (citing a Board Resolution dated August 13, 2007) and that the questioned transactions were advances he later returned.
Following trial, the Regional Trial Court (RTC), Branch 65, Tarlac City, convicted Emmanuel in a Decision dated October 29, 2020, and imposed prison terms for the three counts. Emmanuel filed a notice of appeal and, in the Court of Appeals (CA) docketed as CA‑G.R. CR HC No. 15115, sought bail pending appeal; the CA granted bail in a Resolution dated March 8, 2021 and ordered his provisional release on the bond previously posted.
On September 19, 2022 the CA rendered a Decision reversing the RTC and acquitting Emmanuel of the three counts for failure of the prosecution to prove the elements of qualified theft, finding that the Board Resolution supported his authority to issue the checks and noting that Emmanuel returned the value of the checks. PASDA thereafter filed a Petition for Certiorari under Rule 65 before the Supreme Court on November 28, 2022, assailing (1) the CA’s grant of bail pending appeal and (2) the CA’s judgment of acquittal, alleging grave abuse of discretion.
Pursuant to the Court’s order in light of Austria v. AAA, the Supreme Court required the People, through the Office of the Solicitor General (OSG), and Emmanuel to comment. The OSG and Em...(Pro-only)
Issues:
- Does PASDA, as the private offended party, have legal standing to assail the Court of Appeals’ order granting bail pending appeal and its subsequent judgment of acquittal without the concurrence or conformity of the Office of the Solicitor General (OSG)?
- If not barred by standing, does the Court of Appeals’ acquittal subject to review or reversal, or has double jeopardy atta...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)