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Jimenez v. Sorongon
663 SCRA 272
The petitioner who was then president of Unlad Shipping & Management Corporation, a local manning agency, filed a case for syndicated and large scale illegal recruitment against Tsakos Maritime Services, Inc. (TMSI) in the Regional Trial Court. The trial court dismissed the case for lack of probable cause. The petitioner filed a Notice of Appeal in the RTC which the latter denied on the basis that the petitioner filed it without the conformity of the Solicitor General, who is mandated to represent the People of the Philippines in criminal actions.
Whether or not the case would prosper without the conformity of the Solicitor General.
No. According to the Supreme Court, every action must be prosecuted or defended in the name of the real party in interest, who stands to be benefited or injured by the judgment in the suit, or by the party entitled to the avails of the suit. Procedural law basically mandates that "all criminal actions commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. In this case, the petitioner has no legal personality to assail the dismissal of the criminal case since the main issue raised by the petitioner involved the criminal aspect of the case. The petitioner did not appeal to protect his alleged pecuniary interest as an offended party of the crime, but to cause the reinstatement of the criminal action against the respondents. This involves the right to prosecute which pertains exclusively to the People, as represented by the OSG.