G.R. No. 45233. December 29, 1936.

FELIPE GONZALEZ, petitioner, vs. THE COURT OF FIRST INSTANCE OF BULACAN, ET AL., respondents.

FACTS

Petitioner Felipe Gonzalez, the reinstated chief of police of San Miguel, Bulacan, was detained by respondents (the municipal president and the acting chief of police) for over eight hours. He filed a complaint for arbitrary detention against them. After a preliminary investigation, the justice of the peace forwarded the case to the Court of First Instance (CFI). The provincial fiscal, after his own investigation, concluded the case lacked merit and moved for its dismissal. The CFI granted the dismissal. Gonzalez appealed the dismissal order to the CFI, but the court refused to act on the appeal, prompting Gonzalez to file this petition for mandamus to compel the CFI to act on his appeal and to compel the fiscal to prosecute or to allow a private prosecutor.

ISSUE

Whether the offended party in a criminal case for arbitrary detention has the right to appeal from an order of dismissal issued by the Court of First Instance upon the fiscal’s motion.

RULING

No. The Supreme Court denied the petition. The right to prosecute crimes is vested solely in the state through the prosecuting officer (the fiscal), not in the private offended party. The offended party’s role is limited to the civil aspect of the case for recovery of civil liability. An order dismissing a criminal case upon the fiscal’s motion is not appealable by the offended party. The fiscal has the discretion and duty to determine whether a criminal prosecution should be initiated or maintained. Since the fiscal moved for dismissal based on his finding of no prima facie case, the court’s dismissal order was proper and final. The mandamus to compel the fiscal to prosecute or to allow a private prosecutor was likewise denied, as the fiscal’s discretion in prosecuting crimes is not subject to control by mandamus absent a clear showing of grave abuse of discretion, which was not present.

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