Rules on personality in filing appeals in criminal cases (4)

The Regional Trial Court shall require the [provincial or city prosecutor] to file [a] comment within a non-extendible period of 30 days from notice if it appears that the resolution of the private complainant’s appeal or petition for certiorari will necessarily affect the criminal aspect of the case or the right to prosecute (i.e. existence of probable cause, venue or territorial jurisdiction, elements of the offense, prescription, admissibility of evidence, identity of the perpetrator of the crime, modification of penalty, and other questions that will require a review of the substantive merits of the criminal proceedings, or the nullification/reversal of the entire ruling, or cause the reinstatement of the criminal action or meddle with the prosecution of the offense, among other things).

The comment of the (provincial or city prosecutor) must state whether it conforms or concurs with the remedy of the private offended party.

The judgment or order of the (RTC) granting the private complainant’s relief may be set aside if rendered without affording the People, through the (provincial or city prosecutor), the opportunity to file a comment.

(2) The private complainant has no legal personality to appeal or file a petition for certiorari to question the judgments or orders involving the criminal aspect of the case or the right to prosecute unless made with the (provincial or city prosecutor’s) conformity.

The private complainant must request the (provincial or city prosecutor’s) conformity within the reglementary period to appeal or file a petition for certiorari.

The comment of the (provincial or city prosecutor) must state whether it conforms or concurs with the remedy of the private offended party.

The private complainant must attach the original copy of the (provincial or city prosecutor’s) conformity as proof in case the request is granted within the reglementary period.

Otherwise, the private complainant must allege in the appeal or petition for certiorari the fact of the pendency of the request. If the (provincial or city prosecutor) denied the request for conformity, the Court shall dismiss the appeal or petition for certiorari for lack of legal personality of the private complainant.

(3) The (RTC) shall require the (provincial or city prosecutor) to file comment within a non-extendible period of 30 days from notice on the private complainant’s petition for certiorari questioning the acquittal of the accused, the dismissal of the criminal case, and the interlocutory orders in criminal proceedings on the ground of grave abuse of discretion or denial of due process.

(4) These guidelines shall be prospective in application.

The quoted portion of the decision is from Rebuelta v. Rebuelta as cited above.