AAA261422 v. XXX261422 [November 13, 2023]
In AAA261422 v. XXX261422, the Supreme Court entertained the petition for review on certiorari filed by the private complainant assailing the criminal aspect of the case, even without conformity of the Office of the Solicitor General (OSG). It found that the guideline laid down in Austria v. AAA and BBB requiring such conformity does not apply to the present case which was resolved prior to Austria’s finality. The Supreme Court further found that entertaining the abovementioned petition will not put the accused in double jeopardy. It found that the decision of the trial court acquitting the accused was void for lack of jurisdiction, having been rendered in violation of the People’s right to due process. Finally, the Supreme Court found the accused guilty of three counts of lascivious conduct under Section 5(b) of RA 7610.