Rodriguez vs.

Gadiane
Facts: Thomasita Rodriguez (petitioner) was the private complainant in a criminal
case filed against Rolando Gadiane and Ricardo Rafols, Jr. (respondents), for
violation of Batas Pambansa Bilang 22 (B.P. 22). The Municipal Trial Court (MTC)
hearing the complaint had suspended the criminal proceeding on the ground that
a prejudicial question was posed in a separate civil case then pending. On 28
February 2001, petitioner filed a petition for certiorari under Rule 65 before the
Regional Trial Court (RTC), Branch 12, seeking to set aside the MTC order of
suspension. The petition was docketed as Civil Case No. CEB26195.Respondents filed a motion to dismiss the petition on the ground that the
petition was filed by the private complainant, instead of the government
prosecutor representing the People of the Philippines in criminal cases.
In an Order1 dated 11 December 2001, the RTC dismissed the petition for lack of
conformity or signature of the government prosecutor. Petitioner moved for
reconsideration but it was denied on 28 February 2002.From these orders,
petitioner filed the instant petition for review.
Issue: Whether or not a private offended party in a criminal proceeding may file a
special civil action for certiorari under Rule 65, assailing an interlocutory order,
without the conformity of the public prosecutor.
Ruling:
Yes, the offended may file a special civil action for certiorari even without the
conformity of the public prosecutor. It is well-settled that in criminal cases where
the offended party is the State, the interest of the private complainant or the
private offended party is limited to the civil liability. Thus, in the prosecution of the
offense, the complainant's role is limited to that of a witness for the prosecution. If
a criminal case is dismissed by the trial court or if there is an acquittal, an appeal
therefrom on the criminal aspect may be undertaken only by the State through
the Solicitor General. Only the Solicitor General may represent the People of the
Philippines on appeal. The private offended party or complainant may not take
such appeal. However, the said offended party or complainant may appeal the
civil aspect despite the acquittal of the accused.
In a special civil action for certiorari filed under Section 1, Rule 65 of the
Rules of Court wherein it is alleged that the trial court committed a grave
abuse of discretion amounting to lack of jurisdiction or on other
jurisdictional grounds, the rules state that the petition may be filed by the
person aggrieved. In such case, the aggrieved parties are the State and the
private offended party or complainant. The complainant has an interest in the civil
aspect of the case so he may file such special civil action questioning the
decision or action of the respondent court on jurisdictional grounds. In so doing,
complainant should not bring the action in the name of the People of the
Philippines. The action may be prosecuted in name of said complainant.