4/10/2020 E-Library - Information At Your Fingertips: Printer Friendly SEC. 35. Powers and Functions. — The Office of the Solicitor General shall represent the Government of the Philippines, its agencies and instrumentalities and its officials and agents in any litigation, proceeding, investigation or matter requiring the services of lawyers. . . . It shall have the following specific powers and functions: (1) Represent the Government in the Supreme Court and the Court of Appeals in all criminal proceedings; represent the Government and its officers in the Supreme Court and Court of Appeals, and all other courts or tribunals in all civil actions and special proceedings in which the Government or any officer thereof in his official capacity is a party. (emphasis added) The People is the real party in interest in a criminal case and only the OSG can represent the People in criminal proceedings pending in the CA or in this Court. This ruling has been repeatedly stressed in several cases[38]and continues to be the controlling doctrine. While there may be rare occasions when the offended party may be allowed to pursue the criminal action on his own behalf[39] (as when there is a denial of due process), this exceptional circumstance does not apply in the present case. 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, i.e., the existence of probable cause. 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.[40] Respondent Alamil voluntarily submitted to the RTC’s jurisdiction Contrary to the petitioner’s submission, the RTC acquired jurisdiction over the person of respondent Alamil. As a rule, one who seeks an affirmative relief is deemed to have submitted to the jurisdiction of the court. Filing pleadings seeking affirmative relief constitutes voluntary appearance, and the consequent jurisdiction of one’s person to the jurisdiction of the court.[41] Thus, by filing several motions before the RTC seeking the dismissal of the criminal case, respondent Alamil voluntarily submitted to the jurisdiction of the RTC. Custody of the law is not required for the adjudication of reliefs other than an application for bail. [42] WHEREFORE, we hereby DENY the appeal. The twin resolutions of the Court of Appeals dated November 23, 2006 and June 28, 2007 in CA-G.R. SP No. 96584 are AFFIRMED. Costs against the petitioner. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55390 5/8