Hence, the Court laid down guidelines for the members of the bar and bench to observe whenever a private complainant would appeal or file a petition for certiorari before the CA and this Court. Those guidelines emphasized the need to involve and require the active participation of the OSG, as counsel of the State, in the private complainant’s choice of remedy. The participation of the OSG ensures that the State is always heard on how its interest on the criminal aspect would be affected by the chosen remedy of the private complainant.

Notably, Austria only made reference to the authority of the OSG to represent the State where the appeal or petition for certiorari involving a criminal case is filed by the private complaint before the CA or this Court. It did not provide for an occasion where the same remedies are filed by the private complainant before the RTC, as in this case. It is pertinent to point this out in view of the delineation of functions between the OSG and the provincial or city prosecutors in acting as counsels for the State.

As explained in Fenequito v. Vergara Jr., when the case is filed or pending in the RTC, it is the provincial or city prosecutor who should represent the State, but if it is with the CA or this Court, the OSG shall act as Thus, when the appeal or petition for certiorari is filed by the private complainant with the RTC, the provincial or city prosecutors shall act as counsel for the State, but if the same is filed with the CA or this Court, the OSG shall be the representative. In either case, both the public prosecutor and the OSG are expected to unceasingly defend the interests of the State, especially in exacting retribution for the transgressions to its laws and public order.

Consequently, there is reason to equally apply the ruling and guidelines laid down in Austria to appeals and certiorari petitions filed by the private complainant before the RTCs. Hence, the guidelines laid down in Austria are hereby restated to solicit the participation of the State, through the provincial or city prosecutors, in the event that the appeal or petition for certiorari is filed by the private complainant before the RTC:

(1) The private complainant has the legal personality to appeal the civil liability of the accused or file a petition for certiorari to preserve his or her interest in the civil aspect of the criminal case. The appeal or petition for certiorari must allege the specific pecuniary interest of the private offended party. The failure to comply with this requirement may result in the denial or dismissal of the remedy.

To be continued