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ANTONIO PAREDES v. SIMEON M. GOPENGCO

This case has been cited 2 times or more.

2014-03-12
SERENO, C.J.
Furthermore, as offended parties in the pending criminal case before petitioner judge, it cannot be gainsaid that respondents have sufficient interest and personality as 'person(s) aggrieved' by petitioner judge's ruling on his non-disqualification to file the special civil action under sections 1 and 2 of Rule 65.  Recently in line with the underlying spirit of a liberal construction of the Rules of Court in order to promote their object, as against the literal application of Rule 110, section 2, we held, overruling the implication of an earlier case, that a widow possesses the right as an offended party to file a criminal complaint for the murder of her deceased husband.[15]
2006-08-18
CALLEJO, SR., J.
On the first issue, we rule for the petitioner. Being the surviving spouse of the deceased and the offended party, he has sufficient personality to file the instant special civil action for certiorari.[8] This is in line with the underlying spirit of the liberal construction of the Rules of Court in order to promote their object.[9] Moreover, the OSG has filed its comment on the petition and has joined the petitioner in his plea for the nullification of the assailed portion of the RTC decision.