G.R. No. L-51923-25 - Alvia vs. Sandiganbayan

Petitioner Horacio Salvador and his wife, Marinel Salvador, were charged with estafa under Article 315(a) of the Revised Penal Code before the Regional Trial Court (RTC) in Pasay City, docketed as Criminal Case No. R-PSY-08-04689-CR.
On March 30, 2011, the scheduled date for judgment promulgation, the petitioners' counsel sought deferment on grounds of petitioner’s hypertension. The RTC denied the motion and promulgated the judgment finding them guilty beyond reasonable doubt.

The RTC sentenced the accused spouses to an indeterminate prison term of four years and two months (prision correccional) to twenty years (reclusion temporal).
They were ordered to indemnify complainant Lisa Chua Php 17,371,780.00 with 8% annual interest until full payment, plus Php 50,000.00 moral damages and Php 50,000.00 attorney’s fees.
A warrant of arrest was issued; petitioner was arrested on April 7, 2011.

On April 13, 2011, petitioner filed a Motion for Leave to File Notice of Appeal, attaching a medical certificate dated March 30, 2011, issued by Dr. Paulo Miguel A. David certifying his hypertension.
RTC initially denied the motion on July 1, 2011, for non-compliance with Section 6, Rule 120 of the Rules on Criminal Procedure.
Petitioner filed for reconsideration which the RTC granted on October 26, 2011, giving due course to the notice of appeal.

On October 27, 2011, the RTC granted the Motion for Execution filed by Lisa Chua, ordering issuance of the writ of execution and commitment of petitioner to serve sentence.
The Prosecution filed a Motion for Reconsideration based on an affidavit from the purported medical doctor, denying issuance or signing of the medical certificate, casting doubt on its authenticity.
Petitioner opposed, submitting another medical certificate from an OB-Gynecologist dated March 28, 2011, about headache and dizziness.
The case was re-raffled to another RTC branch due to judge’s inhibition; on August 8, 2013, the RTC denied the prosecution’s motion and fixed bail at Php 80,000 for petitioner’s provisional liberty.

Respondent Lisa Chua filed a special civil action for certiorari before the Court of Appeals (CA) to nullify the October 26, 2011 and August 8, 2013 orders.
On December 12, 2013, the CA granted the petition, nullified the questioned orders for grave abuse of discretion, and reinstated the RTC order dated July 1, 2011 which denied the motion for leave to appeal.
Petitioner moved for reconsideration, which the CA denied on June 4, 2014.

Whether the respondent Lisa Chua, as the private complainant, had the legal personality or standing to file the petition for certiorari before the Court of Appeals despite the absence of consent from the Office of the Solicitor General (OSG).

Whether the petitioner Horacio Salvador lost his right to appeal his conviction for failure to personally appear at the promulgation of judgment and to comply with the mandatory requirements under Section 6, Rule 120 of the Rules of Criminal Procedure.