Private Complainants Cannot Appeal Criminal Case Dismissals Without State Conformity

The Supreme Court recently clarified a fundamental rule in Philippine criminal procedure: a private complainant in a criminal case cannot appeal the dismissal of that case without the conformity of the State. In Philippine Investment Two (SPV-AMC), Inc. v. Sebastian (G.R. Nos. 238729-30, April 8, 2026), the Court En Banc explained why the State—not the private offended party—controls the criminal aspect of a prosecution, and laid down guidelines for when a private complainant may pursue remedies.

The case involved a perjury charge arising from a corporate rehabilitation dispute. The respondent, an executive of Standard Chartered Bank, was charged with two counts of perjury for statements she verified in pleadings submitted to a rehabilitation court. The Department of Justice initially found probable cause, but the Secretary of Justice later reversed, finding insufficient evidence. The city prosecutor then moved to withdraw the information, and the trial court granted the motion, dismissing the case.

The private complainant, Philippine Investment Two, appealed the dismissal to the Regional Trial Court without the conformity of the prosecutor or the Office of the Solicitor General (OSG). The RTC reinstated the case, but the Court of Appeals reversed, holding that the private complainant lacked legal standing to appeal without State conformity. The Supreme Court affirmed.

The Nature of Criminal Actions

The Court emphasized that criminal actions are instituted to determine the penal liability of the accused for outraging the State. These actions are brought in the name of the People of the Philippines, and the private complainant is regarded merely as a witness for the State.

This distinction is critical for appeals. Under Section 1, Rule 122 of the Revised Rules on Criminal Procedure, "any party" may appeal from a judgment or final order. However, the Court clarified that in criminal actions, the real parties in interest are the State and the accused. The private complainant's interest is restricted to the civil liability aspect of the case.

The Role of the OSG and Prosecutors

The Court cited the provision of the 1987 Administrative Code of the Philippines that mandates the OSG to represent the Government in all criminal proceedings before the Supreme Court and the Court of Appeals. For appeals before lower courts, the Prosecution Service Act of 2010 (Republic Act No. 10071) grants city and provincial prosecutors charge of prosecutions within their jurisdictions.

Following the guidelines in Austria v. AAA, the Court ruled that appeals or petitions for certiorari involving the criminal aspect—such as the existence of probable cause, elements of the offense, or the right to prosecute—may only be filed by a private complainant with the OSG's conformity. Without such conformity, the appeal must be dismissed for lack of legal personality.

Exceptions to the Rule

The Court recognized narrow exceptions where a private complainant may proceed without State conformity: (1) when only the civil aspect of the case is involved; (2) when there is denial of due process and the State refuses to act; (3) when there is grave error by the judge; or (4) when there is grave abuse of discretion. These exceptions, however, do not grant blanket authority to question criminal rulings.

Practical Takeaways

• A private complainant cannot appeal the dismissal of a criminal case on its criminal aspect without the conformity of the OSG (for appeals to the CA and Supreme Court) or the relevant prosecutor (for appeals to the RTC).
• The private complainant may appeal only the civil liability aspect of the case without State conformity, but must allege specific pecuniary interest.
• If an appeal affects both civil and criminal aspects, the reviewing court must give the OSG an opportunity to comment on whether it conforms to the remedy.
• The State controls the prosecution of offenses; the private complainant's role is that of a witness, not a party to the criminal action.
• Before filing any appeal in a criminal case, a private complainant should first secure the required State conformity or risk outright dismissal.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.