From: THE LAWYER'S POST.
"x x x.
“Section 16 of Rule 110 of the Revised Rules of Criminal Procedure expressly allows an offended party to intervene by counsel in the prosecution of the offense for the recovery of civil liability where the civil action for the recovery of civil liability arising from the offense charged is instituted with the criminal action. The civil action shall be deemed instituted with the criminal action, except when the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action.
In this case, the CA found no such waiver from or reservation made by the respondent. The fact that the respondent, who was already based abroad, had secured the services of an attorney in the Philippines reveals her willingness and interest to participate in the prosecution of the bigamy case and to recover civil liability from the petitioners. Thus, the RTC should have allowed, and should not have disqualified, Atty. Atencia from intervening in the bigamy case as the respondent, being the offended party, is afforded by law the right to participate through counsel in the prosecution of the offense with respect to the civil aspect of the case.
Lastly, the petitioners argue that the respondent’s certiorari petition before the CA should have been dismissed outright because it failed to implead the “People of the Philippines” as a party-respondent.
The respondent’s failure to implead the “People of the Philippines” as a party-respondent is not a fatal defect warranting the outright dismissal of her petition for certiorari and prohibition before the CA because: (1) a petition for certiorari and prohibition under Rule 65 is directed against any tribunal, board or officer exercising judicial or quasi-judicial functions alleged to have acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and (2) the petition for certiorari and prohibition filed by the respondent is a special civil action separate and independent from the bigamy case filed against the petitioners. For these reasons, the “People of the Philippines” need not be impleaded as a party in a petition for certiorari and prohibition.”
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