Intervention Of The Offended Party In Criminal Action
Sec. 16. Intervention of the offended party in criminal action. – Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the offended party may intervene by counsel in the prosecution of the offense.
CAN THE OFFENDED PARTY INTERVENE IN THE PROSECUTION OF THE CRIMINAL ACTION?
> General rule: YES
> Exception to the rule: when he has waived his right, has reserved it, or has already instituted the criminal action
> Basis is Article 100: every person criminally liable shall also be civilly liable
DO THE OFFENDED PARTIES HAVE THE RIGHT TO MOVE OR THE DISMISSAL OF THE CASE?
> No, the right belongs only to the government prosecutor who is the representative of the plaintiff
CAN THE OFFENDED PARTY FILE A CIVIL ACTION FOR CERTIORARI IN HIS OWN NAME IF THE RTC DISMISSES AN INFORMATION?
> Yes. In case of grave abuse of discretion amount to lack or excess of jurisdiction, the petition may be filed by the offended
> The offended party has an interest in the civil aspect of the case