4. Intervention of Private Offended Party

The Real Offended Party

It is the People of the Philippines.

Since the crime is also an outrage against the PRIVATE OFFENDED PARTY, he is entitled to intervene in its prosecution in cases where the civil action is IMPLIEDLY instituted therein. But the State remains the principal offended party, the offense having been committed against the People of the Philippines.

When the criminal action is instituted in the name of the private offended party (or not People of the Philippines), the defect is merely of form and may be cured at any stage of the trial.

The Rules on Criminal Procedure do not require as a condition sine qua non to the validity of the proceedings (in the preliminary investigation) the presence of the accused for as long as efforts to reach him were made, and an opportunity to controvert evidence of the complainant is accorded him. The obvious purpose of the rule is to block attempts of unscrupulous respondents to thwart the prosecution of offenses by hiding themselves or by employing dilatory tactics. (Sierra v. Lopez, Adm. Case No. 7549, 2008)

General Rule

Offended party has the right to intervene by counsel in the prosecution of the criminal action where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, Rules of Court

Exception/s:

• Where from the nature of the crime and law defining and punishing, no civil liability arises in favor of the offended party (e.g., charge of Plunder, which involves government funds only, as opposed to Estafa, where the money belongs to a private person);
• Where the offended party has waived the right to civil indemnity (e.g., Estafa, where the offended party states that he/she waives recovery of actual and other damages); or
• Where the offended party has already instituted an action (e.g., Estafa, where the offended party has filed a separate civil action to recover actual and other damages).

Where the offended party withdrew a reservation to file a separate civil action, the private prosecutor may still intervene in the prosecution of the criminal case, by conducting the examination of witnesses under the control of the prosecutor.

HOWEVER: Once the offended party has filed a separate civil action arising from the crime, he may not withdraw such civil case in order to intervene in the criminal prosecution. He loses the right to intervene. He no longer has any standing in the criminal case, except to be a prosecution witness.

Q: Where a criminal action has been provisionally dismissed upon motion of the prosecutor, can the case be revived upon motion of the offended party?

A: NO, because the offended party or complaining witness cannot act for the prosecutor.