G.R. No. L-627; August 12, 1946
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. CONCEPCION FLORENDO, defendant-appellee.

FACTS

This case is an appeal by the attorneys for the offended party from an order of the Court of First Instance of Ilocos Sur dismissing an information filed against the accused, Concepcion Florendo. She was charged with the offense of serious threat committed against her own mother. The dismissal was based on a motion filed by the provincial fiscal on May 9, 1946, after the death of the offended party on February 17, 1946. The fiscal’s motion cited a reasonable doubt as to the guilt of the defendant, noting that the complaint was filed nearly one year after the alleged crime. The attorneys for the defendant filed a motion with the Supreme Court to dismiss the appeal, arguing that the right of the private prosecutors to represent the offended party automatically ceased and terminated upon the latter’s death. The attorneys for the offended party opposed this, contending that criminal action is not extinguished by the death of the offended party.

ISSUE

Whether the private prosecutors (attorneys for the deceased offended party) have the right to appeal from the order of dismissal rendered by the lower court upon motion of the provincial fiscal.

RULING

The Supreme Court ruled that the private prosecutors have no right to appeal from the order of dismissal. The appeal was dismissed for two reasons:
1. Under Section 4, Rule 106 of the Rules of Court, the provincial fiscal has the direction and control of the prosecution of criminal actions.
2. The attorneys for the offended party, as agents of the latter, ceased to be the attorneys for the deceased upon the death of their principal (the offended party).
The appeal was dismissed with costs against the party appellant.