G.R. No. L-3606. December 29, 1950.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. JOSE P. MISOLA, defendant-appellee.

FACTS

Jose P. Misola was convicted of slight physical injuries by the Justice of the Peace of Sta. Cruz, Zambales. He appealed to the Court of First Instance (CFI). While the case was pending trial in the CFI, the offended party, Porfirio Valverde, died in an automobile accident. Misola moved to dismiss the case, arguing that the criminal action, being personal, abated upon the death of the offended party, citing Guevara vs. Del Rosario. The trial court granted the motion and dismissed the information. The People of the Philippines appealed the dismissal.

ISSUE

Does the death of the offended party abate or extinguish a criminal prosecution for slight physical injuries where the complaint was filed by a peace officer and the prosecution is under the control of the fiscal?

RULING

No. The order of dismissal is reversed. The doctrine in Guevara vs. Del Rosario on the abatement of personal actions is not applicable. The criminal action here was not initiated by the offended party but by the Chief of Police, and its prosecution is under the direction and control of the provincial fiscal. The offense is one against the state involving public peace and order, not a private crime requiring a complaint by the offended party. The offended party was merely a witness. His death does not affect the jurisdiction of the court or the continuation of the criminal proceedings. The case is remanded to the lower court for trial.

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