G.R. No. 236618, August 27, 2020
JCLV REALTY & DEVELOPMENT CORPORATION, PETITIONER, VS. PHIL GALICIA MANGALI, RESPONDENT.

FACTS

The respondent, Phil Mangali, along with Jerry Alba, was charged with robbery against the petitioner, JCLV Realty & Development Corporation. After the prosecution rested its case, Mangali filed a demurrer to evidence. The trial court granted the demurrer and dismissed the criminal case against Mangali on the ground of lack of evidence. JCLV Realty elevated the case to the Court of Appeals via a special civil action for certiorari, challenging the grant of the demurrer. The CA dismissed the petition, ruling that JCLV Realty lacked the personality to challenge the criminal aspect, as this authority lies solely with the Office of the Solicitor General (OSG), and that it availed of the wrong remedy for the civil aspect. JCLV Realty’s motion for reconsideration was denied. JCLV Realty then filed a petition for review on certiorari under Rule 45 before the Supreme Court.

ISSUE

1. Whether JCLV Realty had the legal personality to question Mangali’s acquittal before the Court of Appeals.
2. Whether a petition for certiorari under Rule 65 is a proper remedy to challenge the trial court’s grant of the demurrer to evidence and order of acquittal.

RULING

The Supreme Court, through the concurring opinion of Justice Caguioa, denied the petition.
1. On legal personality: JCLV Realty had no legal personality to question the acquittal. In criminal cases, the acquittal of an accused can only be appealed by the State through the OSG. The private offended party’s interest is limited to the civil liability of the accused. Since JCLV Realty’s petition before the CA assailed the criminal aspect, it should have been filed by the OSG.
2. On the remedy of certiorari: A petition for certiorari under Rule 65 against an acquittal is a very narrow exception to the finality-of-acquittal rule and the constitutional right against double jeopardy. This exception applies only when there is a clear showing of a denial of due process, such as when the trial is a sham, rendering the judgment void. In this case, there was no such denial of due process; JCLV Realty was able to participate and present evidence. The grant of the demurrer to evidence, even if based on an error of judgment, constitutes an acquittal. All elements of double jeopardy are present: a valid indictment, a court of competent jurisdiction, a valid plea, and the dismissal of the case on the merits without the express consent of the accused. Therefore, double jeopardy had attached, barring any reinstatement of the criminal case against Mangali.