This case has been cited 3 times or more.
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2012-10-24 |
PERALTA, J. |
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| To be sure, in criminal cases, the acquittal of the accused or the dismissal of the case against him can only be appealed by the Solicitor General, acting on behalf of the State. The private complainant or the offended party may question such acquittal or dismissal only insofar as the civil liability of the accused is concerned. In a catena of cases, this view has been time and again espoused and maintained by the Court. In Rodriguez v. Gadiane,[22] it was categorically stated that if the criminal case is dismissed by the trial court or if there is an acquittal, the appeal on the criminal aspect of the case must be instituted by the Solicitor General in behalf of the State. The capability of the private complainant to question such dismissal or acquittal is limited only to the civil aspect of the case. The same determination was also arrived at by the Court in Metropolitan Bank and Trust Company v. Veridiano II.[23] In the recent case of Bangayan, Jr. v. Bangayan,[24] the Court again upheld this guiding principle. | |||||
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2011-10-19 |
MENDOZA, J. |
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| This Court leans toward Resally's contention that Sally Go had no personality to file the petition for certiorari before the CA. It has been consistently held that in criminal cases, the acquittal of the accused or the dismissal of the case against him can only be appealed by the Solicitor General, acting on behalf of the State.[27] The private complainant or the offended party may question such acquittal or dismissal only insofar as the civil liability of the accused is concerned.[28] As explained in the case of People v. Santiago:[29] | |||||
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2005-04-12 |
CHICO-NAZARIO, J. |
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| In Sanvicente v. People,[40] this Court held that given the far-reaching scope of an accused's right against double jeopardy, even an appeal based on an alleged misappreciation of evidence will not lie. The only instance when double jeopardy will not attach is when the trial court acted with grave abuse of discretion amounting to lack or excess of jurisdiction, such as where the prosecution was denied the opportunity to present its case or where the trial was a sham. Respondent People of the Philippines argues, citing the case of Galman v. Sandiganbayan[41] that the trial was a sham. We do not agree with the respondent as the trial in the Galman case was considered a mock trial owing to the act of a then authoritarian president who ordered the therein respondents Sandiganbayan and Tanodbayan to rig the trial and who closely monitored the entire proceedings to assure a predetermined final outcome of acquittal and total absolution of the respondents-accused therein of all the charges.[42] | |||||