The private complainants – not the state – elevated the case to the CA and asked the court to review the RTC’s decision, saying there was an alleged grave abuse of discretion. However, the RTC’s conviction was overturned when a new presiding judge granted the teacher’s motion for reconsideration (MR), while the private complainant’s own MR was denied. If the OSG is not given an opportunity to comment, the private complainant’s relief may be set aside.” What happened in Austria’s case?īased on the SC’s briefer, the RTC convicted Austria of five counts of acts of lasciviousness committed against two 11-year-old students – the private complainants in the case. “The OSG’s comment must state whether it conforms or concurs with the remedy of the private complainant. However, the SC said if the appeal will affect a criminal aspect of the case or the right to prosecute, the OSG will be required by the reviewing court to file a comment within a non-extendible period of 30 days. ![]() The High Court also said the private party’s “specific pecuniary interest” should be present in the appeal or petition for certiorari. The SC, in its guidelines, clarified that a private complainant has the legal personality to appeal on the civil liability of a person. ![]() The OSG will also be required to comment if a private complainant questions “the interlocutory orders in criminal proceedings on the ground of grave abuse of discretion or denial of due process.” On civil liability OSG’s commentĪccording to the SC, the reviewing court should require the OSG to file a comment within a non-extendible period of 30 days from notice if a private complainant challenged an acquittal and dismissal of a criminal case. If the OSG denies the request for conformity, the reviewing court shall dismiss the private complainant’s appeal/petition for lack of legal personality,” the High Court added. ![]() “If the OSG’s conformity is not granted within such period, the private complainant must allege in his or her appeal/petition that the request is still pending with the OSG. The SC reiterated that a private complainant has no legal personality or capacity to appeal without the conformity of the OSG – the state’s primary legal counsel – adding that the request shall be made “within the period to appeal or file a petition for certiorari.”
0 Comments
Leave a Reply. |