Republic of the Philippines

Court of Appeals
Cagayan de Oro City

TWENTY-SECOND DIVISION

THE PEOPLE OF THE CA-G.R. CR No. 01501-MIN

PHILIPPINES/JOYAL ASTRUD LEE
Members:
NG & NATASHA SOLANGE LEE-
GALARITA, CAMELLO, J., Ch.,
Plaintiff/Complainants-Appellants, SANTOS &
ROXAS, JJ.

- versus -
Promulgated:

July 7, 2017

LUISA SIY LEE,

Accused-Appellee.

RESOLUTION

CAMELLO, J.:

Private complainants Joyal Astrud Lee Ng and Natasha Solange

Lee-Galarita appealed the July 5, 2016 Order of the Regional Trial
Court, Branch 24 of Cagayan de Oro City 1 dismissing the information
against Luisa Siy Lee for simulation of births on the ground of
prescription:

WHEREFORE, on the ground of prescription of

crime, as discussed above, and therefore for lack of
probable cause, this Court refrains from issuing a
Warrant of Arrest against accused Luisa Liy Lee.
Instead, for the same reasons above-stated the present
Information for “Simulation of Birth” is ordered
dismissed.2
1 Judge Henry B. Damasing, presiding.
2 Regional Trial Court Order dated July 5, 2016.
CA-G.R. CR No. 01501-MIN Page 2 of 2
Resolution

This court noticed that private-complainants’ Notice of Appeal

has no written conformity of the public prosecutor.

The standing rule is, if the criminal case is dismissed by the trial
court or if there is an acquittal, the appeal on the criminal aspect of the
case must be instituted by the Solicitor General in behalf of the State.
The capability of the private complainant to question such dismissal or
acquittal is limited only to the civil aspect of the case.3

The private-complainants therefore have no capacity to seek

judicial review of the assailed order.

The appeal is DISMISSED.

SO ORDERED.

ORIGINAL SIGNED
EDGARDO A. CAMELLO
Associate Justice

WE CONCUR:

ORIGINAL SIGNED ORIGINAL SIGNED

RAFAEL ANTONIO M. SANTOS RUBEN REYNALDO G. ROXAS
Associate Justice Associate Justice

CYA

3 Rodriguez v. Gadiane, G.R. No. 152903, July 17, 2006.