Scribd
Upload
255 views1 page

People v. Dacudao

The Supreme Court ruled that a private prosecutor does not have the authority to act on behalf of the People of the Philippines in a criminal case before the Supreme Court. Specifically, the private prosecutor filed a motion for reconsideration regarding the granting of bail to an accused murderer without a hearing. However, the Court held that only the Solicitor General, who represents the government, has standing to raise issues in criminal cases before the Supreme Court. While the private prosecutor lacked authority, the Court addressed the merits of the case in the interest of speedy resolution and with a warning about proper procedure going forward.

Uploaded by

Daniela Sandra Agoot
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
255 views1 page

People v. Dacudao

The Supreme Court ruled that a private prosecutor does not have the authority to act on behalf of the People of the Philippines in a criminal case before the Supreme Court. Specifically, the private prosecutor filed a motion for reconsideration regarding the granting of bail to an accused murderer without a hearing. However, the Court held that only the Solicitor General, who represents the government, has standing to raise issues in criminal cases before the Supreme Court. While the private prosecutor lacked authority, the Court addressed the merits of the case in the interest of speedy resolution and with a warning about proper procedure going forward.

Uploaded by

Daniela Sandra Agoot
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

PEOPLE v.

DACUDAO

G.R. No. 81389, February 21, 1989

GUTIERREZ, JR., J.:

FACTS:

 After pleading not guilty to the Murder charge against him, accused Rey
Christopher Paclibar filed a motion for bail.
 It was granted without conducting a hearing in the application for bail.
 Private prosecutor Alex R. Monteclar then filed a motion for reconsideration
alleging that THE GRANTING OF BAIL TO THE ACCUSED WITHOUT A
HEARING IS VIOLATIVE OF PROCEDURAL DUE PROCESS, HENCE, NULL AND
VOID.

ISSUE:

WON Private prosecutor Alex R. Monteclar has the authority to act for the People of
the Philippines.

HELD:

NO. A private prosecutor in a criminal case has no authority to act for the People of
the Philippines before this Court. It is the Government's counsel, the Solicitor
General who appears in criminal cases or their incidents before the Supreme Court.
At the very least, the Provincial Fiscal himself, with the conformity of the Solicitor
General, should have raised the issue before us, instead of the private prosecutor
with the conformity of one of the Assistant Provincial Fiscals of Cebu. In the interest
of a speedy determination of the case, however, and considering the stand taken by
the Office of the Solicitor General whom we asked to comment, we have decided to
resolve this petition on its merits, with a warning to the private prosecutor and the
Assistant Provincial Fiscal to follow the correct procedure in the future.

You might also like