ROLE OF THE OFFICE OF THE SOLICITOR GENERAL IN CRIMINAL CASE

G.R NO. 166995

DENNIS T. VILLAREAL
VS.
CONSUELO C. ALIGA
Facts:
An information was filed against CONSUELO C. ALIGA for the crime of Qualified Theft thru
FALSIFICATION OF COMMERCIAL DOCUMENT after stealing and falsifying a check amounting to
P5,000 and making it appear that it amounts to P65,000, thereafter misappropriate and convert it
to her own personal use and benefit the amount of P60000 representing the amount of check.
The Court, finding the accused CONSUELO CRUZ ALIGA guilty beyond reasonable doubt of the crime
charged, hereby sentences her to suffer an indeterminate sentence of 14 years, 8 months of reclusion
temporal as the minimum to 20 years of reclusion temporal as the maximum.

It appears that the amount of ₱60,000.00 subject to the offense was already returned by the accused; the
Court hereby absolves the accused of civil liability in this case.

Meanwhile, Respondent Aliga appealed to the CA, which, on April 27, 2004, reversed and set aside the
judgment of the RTC on the grounds that: (1) her admission or confession of guilt before the NBI
authorities, which already qualifies as a custodial investigation, is inadmissible in evidence because she
was not informed of her rights to remain silent and to have competent and independent counsel
preferably of her own choice; and (2) the totality of the circumstantial evidence presented by the
prosecution is insufficient to overcome the presumption of innocence of the accused.

ISSUES : Whether or not a judgement of acquittal, whether ordered by the trial or the appellate
court, is final, unappealable, and immediately executory upon its promulgation. –YES

HELD:
On People v. Court of Appeals (Fifteenth Div.)
x x x The finality-of-acquittal doctrine has several avowed purposes. Primarily, it prevents the State from
using its criminal processes as an instrument of harassment to wear out the accused by a multitude of
cases with accumulated trials. It also serves the additional purpose of precluding the State, following an
acquittal, from successively retrying the defendant in the hope of securing a conviction. And finally, it
prevents the State, following conviction, from retrying the defendant again in the hope of securing a
greater penalty. In People v. Velasco, we stressed that an acquitted defendant is entitled to the right of
repose as a direct consequence of the finality of his acquittal xxx
The authority to represent the State in appeals of criminal cases before the Supreme Court and the CA is
solely vested in the Office of the Solicitor General (OSG). Section 35 (1), Chapter 12, Title III, Book IV of
the 1987 Administrative Code explicitly provides that the OSG 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 specific powers and functions to
represent the Government and its officers in the Supreme Court and the CA, 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 OSG is the law office of the Government.
To be sure, in criminal cases, the acquittal of the accused or the dismissal of the case against him can
only be appealed by the Solicitor General, acting on behalf of the State.
Furthermore, the instant petition is DISMISSED for lack of merit.