Lee Pue Liong Case Digest

G.R. No.
181658 August 7, 2013
LEE PUE LIONG A.K.A. PAUL LEE, PETITIONER,

vs.
CHUA PUE CHIN LEE, RESPONDENT.
Facts:
1. Petitioner executed a duly notarized affidavit of loss of certificate of title;
2. The Respondent accused the Petitioner for the crime of perjury for executing the
said affidavit of loss because the said title was in his possession, for her capacity
as corporate secretary and custodian of documents; City prosecutor filed
information before the MeTC for the case of perjury based on the Complaint of
Respondent;
3. Atty. Augusto M. Macam appeared as counsel for respondent and as private
prosecutor with the consent and under the control and supervision of the public
prosecutor;
4. Petitioner’s counsel moved in open court that respondent and her lawyer in this
case should be excluded from participating in the case since perjury is a public
offense; Further, the offense of perjury is a crime against public interest where
the offended party is the State alone;
5. Said motion was denied by the MeTC; Likewise, the MR was denied;
6. Petitioner sought relief from the CA via a petition for certiorari with a prayer for
the issuance of a writ of preliminary injunction and temporary restraining order;
The CA declared that respondent’s property rights and interests as the treasurer
and a stockholder of CHI were disturbed and/or threatened by the alleged acts of
petitioner; Petitioner filed MR but denied by the CA; and,
7. Hence, this Petition.
Issue/s:
Whether the private respondent may intervene in the prosecution of the criminal
case.
Held/Ruling:
The SC, in resolving the issue against the Petitioner, considered the respondent
as an offended party. The allegation by the Petitioner of the loss of the TCT, is,
according to the Court, “injurious to the respondent’s personal credibility and reputation
insofar as his faithful performance of the duties and responsibilities as corporate
treasurer.” There is therefore, a civil action deemed instituted with the criminal action
that would justify the appearance of a private prosecutor. (Read Page 143 & 144, of
Criminal Procedure by Riano)
Notes: (From Full Text)
Generally, the basis of civil liability arising from crime is the fundamental postulate of
our law that "[e]very person criminally liable x x x is also civilly liable."42 Underlying this
legal principle is the traditional theory that when a person commits a crime, he offends
two entities, namely (1) the society in which he lives in or the political entity, called the
State, whose law he has violated; and (2) the individual member of that society whose
person, right, honor, chastity or property was actually or directly injured or damaged by
the same punishable act or omission.43
Section 1, Rule 111 of the Revised Rules of Criminal Procedure, as amended, provides:
SECTION 1. Institution of criminal and civil actions.—(a) When a criminal action is

instituted, the civil action for the recovery of civil liability arising from the offense
charged shall be deemed instituted with the criminal action unless the offended party
waives the civil action, reserves the right to institute it separately or institutes the civil
action prior to the criminal action.
x x x x (Emphasis supplied)
For the recovery of civil liability in the criminal action, the appearance of a private
prosecutor is allowed under Section 16 of Rule 110:
SEC. 16. Intervention of the offended party in criminal action.—Where the civil action for
recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the
offended party may intervene by counsel in the prosecution of the offense. (Emphasis
supplied.)
Section 12, Rule 110 of the Revised Rules of Criminal Procedure, as amended, defines
an offended party as "the person against whom or against whose property the offense
was committed." In Garcia v. Court of Appeals,44 this Court rejected petitioner’s theory
that it is only the State which is the offended party in public offenses like bigamy. We
explained that from the language of Section 12, Rule 10 of the Rules of Court, it is
reasonable to assume that the offended party in the commission of a crime, public or
private, is the party to whom the offender is civilly liable, and therefore the private
individual to whom the offender is civilly liable is the offended party.

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G.R. No.

181658 August 7, 2013

LEE PUE LIONG A.K.A. PAUL LEE, PETITIONER,

SECTION 1. Institution of criminal and civil actions.—(a) When a criminal action is

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