G.R. No. 236618 - JCLV REALTY & DEVELOPMENT CORPORATION, VS. PHIL GALICIA MANGALI.DECISION - Supreme Court E-Library

Ruling

WHEREFORE , the Demurrer to Evidence is GRANTED . The prosecution's evidence is not sufficient to convict the accused, accused (sic) Phil Mangali y Galicia' s case is hereby DISMISSED . No pronouncement as to the civil aspect of the case. As regards accused Jerry P. Alba, his case is ORDERED ARCHIVED and may be revived only upon his apprehension and/or surrender. SO ORDERED . [5] Unsuccessful at a reconsideration, [6] JCLV Realty elevated the case to the CA through a special civil action for certiorari docketed as CA-G.R. SP No. 152450. JCLV Realty argued that the RTC erred in granting the demurrer because Mangali had admitted the taking of meter facilities. Moreover, the pre-trial order which contained admission on the identity of the perpetrator is valid even if not signed by the parties. Lastly, JCLV Realty claimed denial of due process and grave abuse of discretion on the part of RTC when it dismissed the criminal case on a ground not invoked by the accused. [7] On September 22, 2017, the CA dismissed the petition and ruled that JCLV Realty has no personality to question the dismissal of the criminal case. The authority to represent the State in criminal proceedings is vested solely on the Office of the Solicitor General (OSG) and not the private complainant who may appeal only the civil aspect of the case, [8] viz .: WHEREFORE , the Petition for Certiorari is DISMISSED for lack of personality or authority of the petitioner to file the Petition with respect to the criminal aspect of the case and for being the wrong judicial remedy with respect to the civil aspect of the case. SO ORDERED.