Political law case digests 299 people v piccio gr no

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candidate's worthiness.
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POLITICAL LAW CASE DIGESTS 299 PEOPLE V PICCIO GR No. 193681; August 6, 2014 Perlas- Bernabe, J. , DOCTRINE: Office of the Solicitor General; Powers The authority to represent the State in appeals of criminal cases before the Court and the CA is vested solely in the OSG which is the law office of the Government whose specific powers and functions include that of representing the Republic and/or the people before any court in any action which affects the welfare of the people as the ends of justice may require. DIGEST: On October 18, 2005, Jessie John P. Gimenez, President of the Philippine Integrated Advertising Agency the advertising arm of the Yuchengco Group of Companies, to which Malayan Insurance Company, Inc. is a corporate member filed a Complaint-Affidavit for libel before the Office of the City Prosecutor of Makati City against a group called the Parents Enabling Parents Coalition, Inc. (PEPCI) for posting on the website www.pepcoalition.com on August 25,2005 an article entitled "Back to the Trenches: A Call to Arms, AY/HELEN Chose the War Dance with Coalition." As alleged in the complaint, such publication was highly defamatory and libelous against the Yuchengco family and the Yuchengco Group of Companies, particularly petitioners Malayan Insurance Co., Inc. and Helen Y. Dee (petitioners). The criminal information in I.S. No. 1- 11-11995 was soon after raffled to the Regional Trial Court of Makati City, Branch 139 (RTC) and was docketed as Criminal Case No. 06- 875. Upon motion of respondents Bonifacio, Upano, Ortuoste, and Pereche, Jr., the RTC, in an Order dated May 23, 2007, quashed the criminal information for libel and dismissed the case for lack of jurisdiction, holding that the criminal information failed to allege where the article was printed and first published or where the offended parties reside. It subsequently denied petitioners’ motion for reconsideration in an Order dated February 11, 2008. On February 29, 2008, the People of the Philippines (People), through the private prosecutors, and with the conformity of public prosecutor Benjamin S. Vermug, Jr., filed a Notice of Appeal. Soon after, petitioners filed the Brief for the Private Complainants- Appellants as directed by the CA. The OSG, for its part, however, sought suspension of the period to file the required brief pending information and endorsement from the Department of Justice (DOJ) on whether it is the People or the private complainant that should file the same. Meanwhile, respondents Bonifacio, Upano, Ortuoste, and Pereche, Jr. filed a Motion to Dismiss Appeal, citing as grounds for dismissal the fact that the Brief for the Private Complainants-Appellants filed by petitioners did not carry the conforme of the OSG and that ordinary appeal was not the appropriate remedy. In a Resolution18 dated January 21, 2009 the CA denied the said motion and directed respondents to file their appellee’s brief.19 The sole issue in this case is whether or not petitioners, being mere private complainants, may appeal an order of the trial court dismissing a criminal case even without the OSG’s conformity.
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