9. Jimenez v. J.

Sorongon Issue: Whether the petitioner has

Control of Prosecution; legal personality to assail the
Siplon dismissal of the criminal case
Ruling: NO.
Facts: It is well-settled that every action
Jimenez (petitioner), must be prosecuted or defended in
President of Unlad Shipping the name of the real party in
and Management Corp, local interest[,] who stands to be
manning agency, filed a benefited or injured by the
complaint-affidavit with the judgment in the suit, or by the
Office of City Prosec of party entitled to the avails of the
Mandaluyong City against suit. Interest means material
Alamil, Gaza, Avgoustis, interest or an interest in issue to
TSMIs incorporators, be affected by the decree or
another manning agency, for judgment of the case, as
syndicated and large scale distinguished from mere interest
illegal recruitment. in the question involved. By real
The 3rd Assistant City interest is meant a present
Prosecutor recommended substantial interest, as
the filing of an information distinguished from a mere
for syndicated and large expectancy, or a future,
scale illegal recruitment contingent, subordinate or
against the respondents. The consequential interest. When the
City Prosecutor approved his plaintiff or the defendant is not a
recommendation and filed real party in interest, the suit is
the corresponding criminal dismissible.
information with the Procedural law basically mandates
Regional Trial Court (RTC) of that [a]ll criminal actions
Mandaluyong City. commenced by complaint or by
Subsequently, in a information shall be prosecuted
resolution, the City under the direction and control of
Prosecutor reconsidered the a public prosecutor. In appeals of
resolution and filed a motion criminal cases before the CA and
with the RTC to withdraw before this Court, the OSG is the
the information. Respondent appellate counsel of the People,
Alamil moved for pursuant to Section 35(1), Chapter
reconsideration. 12, Title III, Book IV of the 1987
The petitioner filed an Administrative Code.
opposition with a motion to The People is the real party in
expunge, reiterating that interest in a criminal case and only
respondent Alamil had no the OSG can represent the People
standing to seek relief from in criminal proceedings pending in
the RTC. the CA or in this Court. This ruling
has been repeatedly stressed in
several cases and continues to be
the controlling doctrine.