Case Digest (G.R. No. 152903)
Facts:
Thomasita Rodriguez (petitioner) was the private complainant in a criminal case for violation of Batas Pambansa Bilang 22 (B.P. 22) against Rolando Gadiane and Ricardo Rafols, Jr. (respondents) before the Municipal Trial Court, which suspended the proceedings on the ground of a prejudicial question in a separate civil case. On 28 February 2001 petitioner filed a petition for certiorari under Rule 65 before the Regional Trial Court, Branch 12 (Civil Case No. CEB-26195); the RTC dismissed the petition for lack of conformity or signature of the government prosecutor by order dated 11 December 2001, and denied reconsideration on 28 February 2002.Petitioner elevated the matter to the Supreme Court by petition for review, challenging the RTC orders that dismissed her Rule 65 petition for lack of the public prosecutor’s conformity.
Issues:
- May a private offended party file a special civil action for certiorari under Rule 65 assailing an interlocutory order without the conformity of
Case Digest (G.R. No. 152903)
Facts:
- Background and parties
- Thomasita Rodriguez was the private complainant in a criminal case charging Rolando Gadiane and Ricardo Rafols, Jr. with violation of *Batas Pambansa Bilang 22* (B.P. 22).
- The Municipal Trial Court (MTC) hearing the complaint ordered suspension of the criminal proceeding on the ground that a prejudicial question was posed in a separate civil case then pending.
- Proceedings in the Regional Trial Court and grounds for dismissal
- On 28 February 2001, Thomasita Rodriguez filed a petition for certiorari under Rule 65 before the Regional Trial Court (RTC), Branch 12, seeking to set aside the MTC order of suspension; the petition was docketed as Civil Case No. CEB-26195.
- Rolando Gadiane and Ricardo Rafols, Jr. filed a motion to dismiss the petition on the ground that it was filed by the private complainant rather than by the government prosecutor representing the People of the Philippines, alleging lack of conformity or signature of the public prosecutor.
- By Order dated 11 December 2001, the RTC dismissed the petition for lack of conformity of the government prosecutor; a motion for reconsideration by Rodriguez was denied on 28 February 2002.
- Rodriguez filed a petition for review to the Supreme Court assailing the RTC orders.
- Parties' positions before the Supreme Court
- Rodriguez contended that a person aggrieved may file a special civil action for certiorari under Rule 65 and that "person" includes the complainant or offended party; she relied on ...(Subscriber-Only)
Issues:
- Primary issue presented
- Whether a private offended party or complainant in a criminal proceeding may file a special civil action for certiorari under Rule 65 to assail an interlocutory order without conformity or signature of the public prosecutor.
- Subsidiary issues implicated
- Whether the private complainant's capacity to file such a special action is limited when the assailed order concerns the criminal aspect (e.g., dismissal, acquittal, grant of bail) rather than the civil aspect of the case.
- Whether th...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)