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    7 JCLV Realty Development Corporation V Mangali

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    Jude Thaddeus Damian
    The document discusses a case where Phil Mangali was charged with robbery but the case was dismissed. JCLV Realty, the alleged victim, filed a petition to question the dismissal. The Supreme Court ruled that only the Office of the Solicitor General has the authority to represent the State in criminal cases, so JCLV Realty did not have standing to question the dismissal of the criminal aspect of the case.

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    7 JCLV Realty Development Corporation V Mangali

    Uploaded by

    Jude Thaddeus Damian
    828 views1 page
    The document discusses a case where Phil Mangali was charged with robbery but the case was dismissed. JCLV Realty, the alleged victim, filed a petition to question the dismissal. The Supreme Court ruled that only the Office of the Solicitor General has the authority to represent the State in criminal cases, so JCLV Realty did not have standing to question the dismissal of the criminal aspect of the case.

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    7 JCLV Realty Development Corporation v Mangali

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    The document discusses a case where Phil Mangali was charged with robbery but the case was dismissed. JCLV Realty, the alleged victim, filed a petition to question the dismissal. The Supreme Court ruled that only the Office of the Solicitor General has the authority to represent the State in criminal cases, so JCLV Realty did not have standing to question the dismissal of the criminal aspect of the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    828 views1 page

    7 JCLV Realty Development Corporation V Mangali

    Uploaded by

    Jude Thaddeus Damian
    The document discusses a case where Phil Mangali was charged with robbery but the case was dismissed. JCLV Realty, the alleged victim, filed a petition to question the dismissal. The Supreme Court ruled that only the Office of the Solicitor General has the authority to represent the State in criminal cases, so JCLV Realty did not have standing to question the dismissal of the criminal aspect of the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Political Law: Administrative Law

    JCLV REALTY DEVELOPMENT CORPORATION v PHIL GALICIA MANGALI


    G.R. No. 236618 August 27, 2020, FIRST DIVISION (Peralta, CJ)

    FACTS:

    Phil Mangali and Jerry Alba were charged with robbery committed against JCLV
    Realty & Development Corporation for allegedly stealing with intimidation JCLV
    Realty's electric facilities. Mangali filed a demurrer to evidence claiming that the
    prosecution failed to establish the elements of the crime. The RTC granted the
    demurrer and dismissed the criminal case for lack of evidence that Mangali
    perpetrated the robbery.

    JCLV Realty elevated the case to the CA through a special civil action for
    certiorari arguing that Mangali had admitted the taking of meter facilities. 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
    and not the private complainant who may appeal only the civil aspect of the
    case.

    ISSUE:

    Does the private complainant have the personality to question the dismissal of
    the case?

    RULING:

    No. JCLV Realty is praying for reliefs which pertain to the criminal aspect of the
    case. The petition of JCLV Realty did not discuss Mangali's civil liability. It is
    ultimately seeking the reinstatement of the criminal case against Mangali.

    This is in contrast with the explicit provision of Section 35(1), Chapter 12, Title
    III, Book III of the 1987 Administrative Code of the Philippines which states that
    in any criminal case or proceeding, only the OSG may bring or defend actions
    on behalf of the Republic of the Philippines, or represent the People or State
    before the Supreme Court and the CA. The rationale behind this rule is that in
    a criminal case, the party affected by the dismissal of the criminal action is the
    State and not the private complainant.

    The interest of the private offended party is restricted only to the civil liability.
    The private offended party may file an appeal without the intervention of the
    OSG, but only insofar as the civil liability of the accused is concerned. The
    complainant may file a special civil action for certiorari even without the
    intervention of the OSG, but only to the end of preserving his interest in the
    civil aspect of the case.

    In this instance, JCLV seeks to reinstate the criminal case. It is not within the
    personality of the complainant to petition for the criminal aspect of the case.

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