G.R. No. L-8724; April 13, 1956
PABLO ESPAÑOLA, petitioner, vs. VICENTE T. SINGSON, ET AL., respondents.

FACTS

Petitioner Pablo Española is the offended party in two criminal cases (Nos. 120 and 121 for less serious physical injuries and oral defamation, respectively) pending before the justice of the peace court of Aritao, Nueva Vizcaya. The accused are the municipal mayor, a councilor, and some policemen. During the trial, the accused challenged the right of petitioner’s counsel to appear, alleging that the petitioner had expressly reserved his right to file a separate civil action for damages arising from the offenses. Respondent Justice of the Peace Vicente T. Singson sustained the objection and denied a motion for reconsideration. Consequently, the petitioner filed this action for certiorari to annul the order denying him the right to appear by counsel in the criminal cases.

ISSUE

Whether the offended party, who has expressly reserved the right to institute a separate civil action for damages arising from the offenses, retains the right to intervene through counsel in the prosecution of the criminal cases.

RULING

The petition is denied. The Supreme Court, citing its recent decision in Gorospe, et al. vs. Gatmaitan, et al., ruled that an offended party loses the right to intervene in the prosecution of a criminal case not only when the civil action is waived or expressly reserved, but also when the civil action has actually been instituted. This ruling is reinforced by Article 33 of the new Civil Code, which provides that in cases of defamation, fraud, and physical injuries, a civil action entirely separate and distinct from the criminal action may be brought by the injured party, and such action may proceed independently. Since the present case involves defamation and physical injuries and the petitioner reserved the separate civil action, he lost his right to intervene through counsel in the criminal prosecution. Costs are imposed against the petitioner.