- Offended party has the right to intervene by counsel in the
prosecution of the criminal action where the civil action for
recovery of civil liability is instituted in the criminal action
pursuant to Rule 111.
1. Where from the nature of the crime and the law defining and
punishing it, no civil liability arises in favor of the
2. Where the offended party has waived the right to civil
3. Where the offended party has already instituted an action.
Where the offended party withdrew a reservation to file a separate
civil action, the private prosecutor may still intervene in the
prosecution of the criminal case, by conducting the examination of
witnesses under the control of the prosecutor.
HOWEVER: Once the offended party has filed a separate civil action
arising from the crime, he may not withdraw such civil case in order
to intervene in the criminal prosecution. He loses the right to
intervene. He no longer has any standing in the criminal case, except
to be a prosecution witness.
Where a criminal action has been provisionally dismissed upon motion
of the prosecutor, can the case be revived upon motion of the offended
- No, because the offended party or complaining witness cannot act
for the prosecutor.
When the civil action is instituted together with the criminal action
according to Rule 111, then the offended part may intervene by counsel
in the prosecution of the offense.
“Party” includes not only the government but other persons as well,
such as the complainant who may be affected by the judgment rendered
in the criminal proceedings. [People v. Madali (2001)]
Any move on the part of the complainant or offended party to dismiss
the criminal case, even if without objection of the accused, should
first be referred to the prosecuting fiscal for his own view on the
matter. He controls the prosecution of the case and may have reasons
why the case should not be dismissed. [Republic v. Sunga]