4/10/2020 E-Library - Information At Your Fingertips: Printer Friendly as a recruitment agency from the POEA; and (2) that respondent Alamil voluntarily submitted to the RTC’s jurisdiction through the filing of pleadings seeking affirmative relief. Thus, the RTC dismissed the case, and set aside the earlier issued warrants of arrest. On April 3, 2006, the petitioner moved for reconsideration, stressing the existence of probable cause to prosecute the respondents and that respondent Alamil had no standing to seek any relief from the RTC.[22] On April 26, 2006, respondent Alamil moved to expunge the motion for being a prohibited pleading since the motion did not have the public prosecutor’s conformity. [23] In its May 10, 2006 order,[24] the RTC denied the petitioner’s motion for reconsideration, finding that the petitioner merely reiterated arguments in issues that had been finally decided. The RTC ordered the motion expunged from the records since the motion did not have the public prosecutor’s conformity. On May 19, 2006, the petitioner filed a notice of appeal.[25] On May 30, 2006, respondent Alamil moved to expunge the petitioner’s notice of appeal since the public prosecutor did not authorize the appeal and the petitioner had no civil interest in the case.[26] On June 27, 2006, the petitioner filed his comment to the motion to expunge, claiming that, as the offended party, he has the right to appeal the RTC order dismissing the case; the respondents’ fraudulent acts in forming TMSI greatly prejudiced him.[27] In its August 7, 2006 joint order,[28] the RTC denied the petitioner’s notice of appeal since the petitioner filed it without the conformity of the Solicitor General, who is mandated to represent the People of the Philippines in criminal actions appealed to the CA. Thus, the RTC ordered the notice of appeal expunged from the records. On October 18, 2006, the petitioner elevated his case to the CA via a Rule 65 petition for certiorari assailing the RTC’s March 8, 2006, May 10, 2006, and August 7, 2006 orders. The CA Ruling In its November 23, 2006 resolution,[29] the CA dismissed outright the petitioner’s Rule 65 petition for lack of legal personality to file the petition on behalf of the People of the Philippines. It noted that only the Office of the Solicitor General (OSG) has the legal personality to represent the People, under Section 35(1), Chapter 12, Title III, Book IV of the 1987 Administrative Code. It also held that the petitioner was not the real party in interest to institute the case, him not being a victim of the crime charged to the respondents, but a mere competitor in their recruitment business. The CA denied[30] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55390 3/8

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