EXCEPTION TO THE RULE: PRIVATE COMPLAINANT’S MOTION FOR RECONSIDERATION FROM JUDGMENT OF ACQUITTAL
‘We must clarify, however, that private complainants in criminal cases are not precluded from filing a motion for reconsideration and subsequently an appeal on the civil aspect of a decision acquitting the accused. An exception to the rule that only the Solicitor General can bring actions in criminal proceedings before the Court of Appeals or this court is "when the private offended party questions the civil aspect of a decision of a lower court."[65] As discussed in Mobilia Products, Inc. v. Hajime Umezawa:
In a criminal case in which the offended party is the State, the interest of the private complainant or the offended party is limited to the civil liability arising therefrom. Hence, if a criminal case is dismissed by the trial court or if there is an acquittal, a reconsideration of the order of dismissal or acquittal may be undertaken, whenever legally feasible, insofar as the criminal aspect thereof is concerned and may be made only by the public prosecutor; or in the case of an appeal, by the State only, through the OSG. The private complainant or offended party may not undertake such motion for reconsideration or appeal on the criminal aspect of the case. However, the offended party or private complainant may file a motion for reconsideration of such dismissal or acquittal or appeal therefrom but only insofar as the civil aspect thereof is concerned. In so doing, the private complainant or offended party need not secure the conformity of the public prosecutor. If the court denies his motion for reconsideration, the private complainant or offended party may appeal or file a petition for certiorari or mandamus, if grave abuse amounting to excess or lack of jurisdiction is shown and the aggrieved party has no right of appeal or given an adequate remedy in the ordinary course of law. (Citations omitted)’
( ANTONIO M. GARCIA, PETITIONER, VS. FERRO CHEMICALS, INC., RESPONDENT., G.R. No. 172505, 2014 Oct 1, 2nd Division)