This case has been cited 5 times or more.
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2013-07-31 |
LEONARDO-DE CASTRO, J. |
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| The Court of Appeals lastly ruled, based on People v. Nano,[10] that the filing of the Petition for Certiorari by ADC, instead of by the OSG, was a mere defect in form, which was cured when the OSG subsequently filed a Manifestation and Motion ratifying and adopting said Petition. | |||||
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2009-08-07 |
CARPIO, J. |
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| Likewise, in People v. Nano,[73] this Court took cognizance of the offended party's petition because of the gravity of the error committed by the judge against the prosecution resulting in denial of due process. Aside from the denial of due process, the Solicitor General also manifested to adopt the petition as if filed by his office. Thus, we ruled in Nano: The petition being defective in form, the Court could have summarily dismissed the case for having been filed merely by private counsel for the offended parties, though with the conformity of the provincial prosecutor, and not by the Solicitor General. While it is the public prosecutor who represents the People in criminal cases before the trial courts, it is only the Solicitor General that is authorized to bring or defend actions in behalf of the People or Republic of the Philippines once the case is brought up before this Court or the Court of Appeals (People v. Calo, 186 SCRA 620 [1990]; citing Republic v. Partisala, 118 SCRA 320 [1982]; City Fiscal of Tacloban v. Espina, 166 SCRA 614 [1988]). Defective as it is, the Court, nevertheless, took cognizance of the petition in view of the gravity of the error allegedly committed by the respondent judge against the prosecution - denial of due process - as well as the manifestation and motion filed by the Office of the Solicitor General praying that the instant petition be treated as if filed by the said office. In view thereof, We now consider the People as the sole petitioner in the case duly represented by the Solicitor General. Payment of legal fees is therefore no longer necessary in accordance with Sec. 16, Rule 141 of the Rules of Court. (Emphasis supplied) | |||||
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2004-09-13 |
CARPIO, J. |
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| Maxicorp argues that petitioners have no legal personality to file this petition since the proper party to do so in a criminal case is the Office of the Solicitor General as representative of the People of the Philippines. Maxicorp states the general rule but the exception governs this case.[17] We ruled in Columbia Pictures Entertainment, Inc. v. Court of Appeals[18] that the petitioner-complainant in a petition for review under Rule 45 could argue its case before this Court in lieu of the Solicitor General if there is grave error committed by the lower court or lack of due process. This avoids a situation where a complainant who actively participated in the prosecution of a case would suddenly find itself powerless to pursue a remedy due to circumstances beyond its control. The circumstances in Columbia Pictures Entertainment are sufficiently similar to the present case to warrant the application of this doctrine. | |||||
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2000-09-13 |
BELLOSILLO, J. |
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| Petitioner assails the decision rendered by the court a quo as blatantly inconsistent with the material facts and evidence on record, reason enough to charge respondent judge with grave abuse of discretion amounting to lack of jurisdiction resulting in a denial of due process. Citing People v. Pablo,[102] it alleges that "respondent aggravated his indiscretion by not x x x reviewing the evidence already presented for a proper assessment x x x x It is in completely ignoring the evidence already presented x x x that the respondent judge committed a grave abuse of discretion." It adds that "discretion must be exercised regularly, legally and within the confines of procedural due process, i.e., after evaluation of the evidence submitted by the prosecution. Any order issued in the absence thereof is not a product of sound judicial discretion but of whim and caprice and outright arbitrariness."[103] | |||||