See - sc.judiciary.gov.ph/jurisprudence/2012/december2012/178607.pdf
"x xx.
The petitioner has no legal personality to assail the dismissal of the criminal case It is well-settled that “every action must be prosecuted or defended in the name of the real party in interest[,]” “who stands to be benefited or injured by the judgment in the suit, or by the party entitled to the avails of the suit.”
Interest means material interest or an interest in issue to be affected by the decree or judgment of the case, as distinguished from mere interest in the question involved.
By real interest is meant a present substantial interest, as distinguished from a mere expectancy, or a future, contingent, subordinate or consequential interest.
When the plaintiff or the defendant is not a real party in interest, the suit is dismissible.
Procedural law basically mandates that “[a]ll criminal actions commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor.”
In appeals of criminal cases before the CA and before this Court, the OSG is the appellate counsel of the People, pursuant to Section 35(1), Chapter 12, Title III, Book IV of the 1987 Administrative Code. This section explicitly provides:
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 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 (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."
