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grounds, the rules state that the petition may be filed by the person
aggrieved. In such case, the aggrieved parties are the State and the private
offended party or complainant. The complainant has an interest in the civil
aspect of the case so he/she may file such special civil action questioning
the decision or action of the respondent court on jurisdictional grounds.
In so doing, complainant should not bring the action in the name of
the People of Philippines. The action may be prosecuted in the name
of said complainant. (emphasis supplied)
Moreover, there have been occasions when this Court has allowed the offended party to
pursue the criminal action on his/her own behalf, as when there is a denial of due
process as in this case.[76] Indeed, the right of offended parties to appeal or question
an order of the trial court which deprives them of due process has always been
recognized, the only limitation being that they cannot appeal any adverse ruling if to do
so would place the accused in double jeopardy.[77]
At this juncture, We also uphold the CA's finding that double jeopardy does not exist in
this case. Inasmuch as the dismissal of the charges by the RTC was done without
regard to due process of law, the same is null and void.[78] It is as if there was no
acquittal or dismissal of the case at all, and the same cannot constitute a claim for
double jeopardy.[79]
Also, it is elementary that double jeopardy attaches only when the following elements
concur: (1) the accused is charged under a complaint or information sufficient in form
and substance to sustain their conviction; (2) the court has jurisdiction; (3) the
accused has been arraigned and has pleaded; and (4) he/she is convicted or acquitted,
or the case is dismissed without his/her consent.[80] Thus, as found by the CA, double
jeopardy does not attach in this case as the dismissal was granted upon motion of the
petitioner. To be sure, no fundamental right of the petitioner was violated in the filing of
the petition for certiorari before the CA by the respondent, as well as the grant thereof
by the CA.
In fine, the dismissal of the cases below was patently erroneous and as such, invalid for
lack of fundamental requisite, that is, due process[81]. For this reason, this Court finds
the recourse of the respondent to the CA proper despite it being brought on her own
and not through the OSG.
Besides, such technicality cannot prevail over the more fundamental matter, which is
the violation of the right to due process resulting from the RTC's patent error. Nothing
is more settled than the principle that rules of procedure are meant to be tools to
facilitate a fair and orderly conduct of proceedings.[82] Strict adherence thereto must
not get in the way of achieving substantial justice.[83] As long as their purpose is
sufficiently met and no violation of due process and fair play takes place, the rules
should be liberally construed.[84] Liberal construction of the rules is the controlling
principle to effect substantial justice.[85] The relaxation or suspension of procedural
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63079
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