Dear PAO,

I am the private complainant in a criminal complaint filed against Jojo. After several hearings in the trial court, the presiding judge convicted Jojo. However, he appealed before the Court of Appeals and also filed a “Petition for Bail” pending appeal, which was granted by the Court. I want to question the grant of his petition for bail because I am afraid that he might flee and go into hiding, especially since he was already found guilty by the trial court.

Can I question the said grant of bail pending appeal?

Camille

Dear Camille,

First and foremost, we should understand the concept of bail. According to Section 1, Rule 114 of the Revised Rules of Criminal Procedure, bail is a security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. One of the conditions of bail is that the accused shall appear before the proper court whenever required by the court or the Rules of Court.

The question now is, can a private complainant in a criminal case question the grant for the application for bail? The answer is in the negative. In the case of Pasda Inc. vs. Court of Appeals, GR 264237, 06 Dec. 2023, the Supreme Court, through Associate Justice Mario Lopez, ruled that:

“The private complainant cannot question the resolution granting the application for bail pending appeal and the subsequent judgment acquitting the accused. The interest of the offended party is limited only to the civil aspect of the case.”

The rationale behind this pronouncement is that in a criminal case, the legal standing of a private complaint is limited only to being a witness. This is because in a criminal case, what was violated by the accused is the criminal laws of the State. Hence, the proper party to bring the said criminal case to court, and eventually question the decision regarding the criminal case, is the State. The participation of the private complainant in a criminal case is limited only to being a witness. Therefore, the private complainant has no legal personality to appeal or file a petition for certiorari to question the judgments or orders involving the criminal aspect of the case or the right to prosecute, unless made with the Office of the Solicitor General’s conformity. However, the private complainant has the legal personality to appeal the civil liability of the accused.

In your case, as you are the private complainant in the criminal case against Jojo, you may be barred or be prohibited in questioning the decision of the Court of Appeals granting his petition for bail because you may not have the legal standing to question the resolution of the Court of Appeals regarding the criminal aspect of the case.

We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].