Jaime was convicted for murder by the Regional Trial Court of Davao City in a decision promulgated on September 30, 2015. On October 5, 2015, Jaime filed a Motion for New Trial on the ground that errors of law and irregularities prejudicial to his rights were committed during his trial. On October 7, 2015, the private prosecutor, with the conformity of the public prosecutor, filed an Opposition to Jaime’s motion. On October 9, 2015, the court granted Jaime’s motion. On October 12, 2015, the public prosecutor filed a motion for reconsideration. The court issued an Order dated October 16, 2015 denying the public prosecutor’s motion for reconsideration. The public prosecutor received his copy of the order of denial on October 20, 2015 while the private prosecutor received his copy on October 26, 2015.
a.) What is the remedy available to the prosecution from the court’s order granting Jaime’s motion for new trial? (3%)
b.) In what court and within what period should a remedy be availed of? (1%)
c.) Who should pursue the remedy? (2%)
Suggested answer only. Not an official answer and not legal advice.
[a] File a petition for certiorari under Rule 65; [b] in the Court of Appeals within 60 days from October 20, 2015; and [c] the Office of the Solicitor General (OSG). Under Rule 65, an order granting a new trial is interlocutory and
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Quick check
What is the proper remedy for the prosecution against an order granting a motion for new trial in a criminal case?
An order granting a new trial is interlocutory and non-appealable, making certiorari under Rule 65 the proper remedy.
From which date is the 60-day period for filing a petition for certiorari counted in this criminal case?
The 60-day period runs from receipt of the denial of the motion for reconsideration by the public prosecutor who controls prosecution.
Who has exclusive legal authority to file a petition for certiorari on behalf of the People before the Court of Appeals?
The Office of the Solicitor General has sole authority to represent the State in appellate proceedings.
In which court should the prosecution file the petition for certiorari challenging the order of the Davao City RTC?
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Why is an ordinary appeal unavailable to the prosecution against an order granting a new trial?
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Learn more about these topics
1. Interlocutory Order Remedy
Under Rule 65 of the Rules of Court, an order granting a motion for new trial in a criminal case is interlocutory in nature and not subject to an ordinary appeal. Because an appeal is unavailable, the proper remedy for the prosecution to challenge an order granting a new trial issued with grave abuse of discretion is a special civil action for certiorari. Certiorari serves to rectify jurisdictional errors or grave abuse of discretion amounting to lack or excess of jurisdiction committed by the trial court in granting a new trial.
2. Certiorari Filing Period
Under Rule 65, Section 4 of the Rules of Court, a petition for certiorari must be filed not later than sixty days from notice of the judgment, order, or resolution, or from notice of the denial of a timely motion for reconsideration. In criminal proceedings, notice to the public prosecutor who has direction and control of the prosecution constitutes legal notice to the State. Thus, the sixty-day period within which to file the petition before the Court of Appeals is reckoned from the date the public prosecutor receives the order.
3. Representation Authority OSG
Under the Administrative Code and settled jurisprudence, the Office of the Solicitor General possesses exclusive authority to represent the People of the Philippines in appeals and special civil actions brought before the Court of Appeals and the Supreme Court. While a private prosecutor may participate in trial proceedings under the control of the public prosecutor, the private prosecutor lacks legal personality to independently initiate appellate proceedings or file a petition for certiorari in criminal cases without the conformity and authority of the Solicitor General.