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CARMENCITA G. CARIÑO v. MERLIN DE CASTRO, GR No.

176084, 2008-04-
30

Facts:

Petitioner Carmencita G. Cariño filed a complaint-affidavit for


violation of Batas Pambansa Blg. 22 against respondent Merlin de Castro
before the Office of the City Prosecutor of Manila. After conducting
preliminary investigation, Assistant City Prosecutor ManuelB. Sta. Cruz,
Jr., issued a Resolution finding prima facie evidence and recommending
respondent's indictment. Accordingly, respondent was charged with five
(5) counts of violation of BP 22 before the Metropolitan Trial Court of
Manila, Branch 13.

Issue:

Whether the Court of Appeals committed grave abuse of discretion.

Ruling:

We held that only the OSG can bring or defend actions on behalf of
the Republic or represent the People or state in criminal proceedings
pending in the Supreme Court and the Court of Appeals.

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