GR 45431; (June, 1938) (Digest)
G.R. No. 45431; June 30, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VIVENCIO ORAIS and DAMIAN JIMENEZ, defendants. FORTUNATO N. SUAREZ, complaint-appellant.
FACTS
The complainant and offended party, Fortunato N. Suarez, filed a complaint for arbitrary detention against Vivencio Orais and Damian Jimenez. The prosecuting attorney moved for the dismissal of the complaint, and the Court of First Instance of Tayabas granted the motion. Suarez appealed the order of dismissal.
ISSUE
Whether the offended party (complainant) in a criminal case may appeal from an order of dismissal issued by the trial court upon motion of the prosecuting attorney.
RULING
No. The Supreme Court, applying the doctrine established in Gonzalez vs. Court of First Instance of Bulacan, held that the offended party cannot appeal from such an order of dismissal. The right to control the prosecution of a public offense belongs exclusively to the prosecuting officer. The offended party’s right to intervene in the criminal proceeding is merely accessory and subordinate to the prosecuting attorney’s direction. Allowing the offended party to appeal would be tantamount to giving him control of the criminal proceeding, which is not permitted by law. The proper remedy for the offended party, if the fiscal and the court committed a grave abuse of discretion, is the extraordinary writ of mandamus to compel the fiscal to file the information and prosecute the case. The appeal interposed by the complainant was dismissed for being improperly allowed.
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