G.R. No.

182336
Ong vs. Genio
December 23, 2009
Office of the Solicitor General in Criminal Cases; Role of Private Complainants

Facts:
Petitioner filed a complaint against respondent for the crime of Robbery. Respondent
filed a Motion to Dismiss the case for Lack of Probable Cause, which in turn, Petitioner filed an
Opposition. However, the RTC dismissed petitioner’s opposition because the evidence on
record fails to establish probable cause. Consequently, petitioner filed a petition for certioari
and Mandamus before the Court of Appeals.

Issue:
WON the Petitioner may bring or defend actions on behalf of the Republic or represent
the People or the State in criminal proceesings pending in the CA.

Ruling:
No.

Under Sec.35 of the Administrative Code of 1987— the Solicitor General shall represent
the Government in the SC and the CA in all criminal proceedings. 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. 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.

In this case, the petitioner filed on appeal with the CA without the OSG’s participation.

Hence, the petition fails.