Professional Documents
Culture Documents
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* SECOND DIVISION.
146
SARMIENTO, J.:
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** Magsino, Celso, J.; Camilon, Serafin and Herrera, Manuel, JJ., Concurring.
*** Judge Fernando S. Ruiz, Regional Trial Court of Bohol, 7th Judicial Region,
Branch IV, City of Tagbilaran.
1 Rollo, 146147.
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148
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12 Id., 1314,115124,145146.
13 Mario Fl. Crespo vs. Hon. Leodegario L. Mogul, et al., G.R. No. 53373, June
30, 1987,
14 Id.
15 Asst. Provincial Fiscal of Bataan vs. Dollete, No. L-121296, May 28, 1958,103
Phil. 914.
16 No. 1036, January 21, 1903, 1 Phil. 642.
17 No. 9278, December 7, 1915, 32 Phil. 444.
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18 U.S. vs. Abanzado, February 15,1918,37 Phil. 658; Kwong Sing vs. The City of
Manila, October 11,1920,41 Phil. 103; U.S. vs. Perfecto, September 9,1921, 42 Phil.
113; Dimayuga vs. Fernandez, April 15, 1922, 43 Phil. 304; Gonzales vs. CFI of
Bulacan, December 29, 1936,63 Phil. 846; People vs. Ovilla, June 27, 1938, 65 Phil.
722; People vs. Orais et al., June 30, 1938, 65 Phil. 744; People vs. De Moll,
September 30, 1939, 68 Phil 626.
19 103 Phil. 914,
20 No. 26222, July 21, 1967, 20 SCRA 748.
21 No. 27332, November 28,1969, 30 SCRA 555.
22 No. L-4610312, October 28, 1977, 80 SCRA 237.
150
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151
There is one more point that we have to stress. It was erroneous for
the respondent appellate court not to take cognizance of the
Comment filed by the private prosecutor on the ground that he has
no personality to appear in the proceeding, ostensibly because the
offended party has no right to appeal 26
even from an order of
dismissal upon motion of the fiscal. In all petitions under Rule 65
of the Rules of Court questioning the official orders of judges,
including the justices of Court of Appeals, the latter are only formal
parties. The burden of defending their challenged action falls on the
private respondent as provided under Section 5 of the same Rule.
The respondent court or judge need not file any separate pleading
or comment distinct from that of the private respondent who is
obligated to appear and defend the court or judge concerned. unless
the summons or or der to comment specifically and expressly
requires the court or the judge himself to comply with the directive
of the superior court. Judges who are made respondents are mere
formal parties and are not to be distracted from their
27
main function
of trying and adjudicating cases in their own courts.
WHEREFORE, the petition is hereby GRANTED. The Decision
of the respondent Court of Appeals, dated October 30, 1986, is
hereby REVERSED. The questioned Orders dated December 4,
1985, and February 21,1986, of the trial court are hereby
REINSTATED. Public respondent Provincial Fiscal or any other
person who may be assigned or appointed to act in his place or
stead, is hereby ordered to continue prosecuting Criminal Case No.
4319 until the same is terminated. No pronouncement as to costs.
This Decision is IMMEDIATELY EXECUTORY.
SO ORDERED.
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26 Rollo, p. 117.
27 Taroma vs. Gasidan, No. L-37296, October 30, 1975, 67 SCRA 508.
152