- Jimenez (Petitioner) vs.

Sorongon (Respondents),
G.R. No. 178607, 05 December 2012.

FACTS: Jimenez, president of Unlad Shipping & Management Corporation, filed

a complaint-affidavit with the Office of the City Prosecutor of Mandaluyong City
against the respondents (Socrates Antzoulatos, Carmen Alamil, Marceli Gaza,
and Markos Avgousti listed incorporators of Tsakos Maritime Services, Inc.
[TMSI] ) for syndicated and large scale illegal recruitment. Jimenez alleged that
the respondents falsely represented their stockholdings in TMSI’s articles of
incorporation to secure a license to operate as a recruitment agency from the
Philippine Overseas Employment Agency (POEA). Only respondents Antzoulatos
and Gaza filed their joint counter-affidavit denying the complaint-affidavit’s
allegations.

The 3rd Assistant City Prosecutor recommended the filing of an information

for syndicated and large scale illegal recruitment against the respondents. The
City Prosecutor approved his recommendation and filed the corresponding
criminal information with the RTC. Respondent Alamil moved for reconsideration
and for the inhibition of Judge Capco-Umali, for being biased or partial. Judge
Capco-Umali voluntarily inhibited herself from the case and did not resolve
respondent Alamil’s motion for reconsideration and the petitioner’s motion to
expunge. The case was later re-raffled presided by Judge Edwin D. Sorongon who
granted respondent Alamil’s motion for reconsideration. The petitioner moved for
reconsideration, stressing the existence of probable cause to prosecute the
respondents and that respondent Alamil had no standing to seek any relief from
the RTC. The RTC denied the petitioner’s notice of appeal since the petitioner
filed it without the conformity of the Solicitor General, who is mandated to
represent the People of the Philippines in criminal actions appealed to the CA.
Thus, the RTC ordered the notice of appeal expunged from the records. The CA
affirmed the resolution of the RTC.

FACTS: Whether the CA committed a reversible error in dismissing outright

the petitioner’s Rule 65 petition for certiorari for lack of legal personality
to file the petition on behalf of the People of the Philippines.

HELD: No. The petition lacks merit. The petitioner has no legal personality to
assail the dismissal of the criminal case.

1997 RULES OF CIVIL PROCEDURE, Rule 3, Section 2 –– It is well-settled that

"every action must be prosecuted or defended in the name of the real party in
interest[,]" "who stands to be benefited or injured by the judgment in the suit, or
by the party entitled to the avails of the suit.”

Interest means material interest or an interest in issue to be affected by the

decree or judgment of the case, as distinguished from mere interest in the
question involved. By real interest is meant a present substantial interest, as
distinguished from a mere expectancy, or a future, contingent, subordinate or
consequential interest. When the plaintiff or the defendant is not a real party in
interest, the suit is dismissible.
Procedural law basically mandates that "[a]ll criminal actions commenced by
complaint or by information shall be prosecuted under the direction and control
of a public prosecutor.”

In appeals of criminal cases before the CA and before this Court, the Office of the
Solicitor General (OSG) is the appellate counsel of the People, pursuant to Section
35(1), Chapter 12, Title III, Book IV of the 1987 Administrative Code.

SEC. 35. Powers and Functions. — The Office of the Solicitor General
shall represent the Government of the Philippines, its agencies and
instrumentalities and its officials and agents in any litigation, proceeding,
investigation or matter requiring the services of lawyers. . . . It shall have
the following specific powers and functions:
(1) Represent the Government in the Supreme Court and the Court
of Appeals in all criminal proceedings; represent the Government
and its officers in the Supreme Court and Court of Appeals, and all
other courts or tribunals in all civil actions and special proceedings
in which the Government or any officer thereof in his official capacity
is a party.

The People is the real party in interest in a criminal case and only the OSG can
represent the People in criminal proceedings pending in the CA or in this Court.
While there may be rare occasions when the offended party may be allowed to
pursue the criminal action on his own behalf (as when there is a denial of due
process).

In this case, the petitioner has no legal personality to assail the dismissal of the
criminal case since the main issue raised by the petitioner involved the criminal
aspect of the case, i.e., the existence of probable cause. The petitioner did not
appeal to protect his alleged pecuniary interest as an offended party of the crime,
but to cause the reinstatement of the criminal action against the respondents.
This involves the right to prosecute which pertains exclusively to the People, as
represented by the OSG.