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    Jimi Solomon
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    Crespo vs Mogul

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    Supreme Court Reports Annotated Volume 151: Search Result

    Uploaded by

    Jimi Solomon
    digest outline

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    SUPREME COURT REPORTS ANNOTATED VOLUME 151


    Same; Once an information is filed in court, the courtÊs prior
    Information | Reference
    permission must be secured if fiscal wants to reinvestigate the case.
    Copy Selection
    ·The preliminary investigation conducted by the fiscal for the
    Case Title: Select some text within a
    MARIO FL. CRESPO, petitioner, purpose of determining whether a prima facie case exists paragraph and click here to
    vs. HON. LEODEGARIO L. warranting the prosecution of the accused is terminated upon the copy the selected text. Citation
    MOGUL, Presiding Judge, included.
    filing of the information in the proper court. In turn, as above
    CIRCUIT CRIMINAL COURT OF
    LUCENA CITY, 9th Judicial Dist., stated, the filing of said information sets in motion the criminal
    THE PEOPLE OF THE action against the accused in Court. Should the fiscal find it proper
    PHILIPPINES, represented by the
    SOLICITOR GENERAL, RICARDO to conduct a reinvestigation of the case, at such stage, the
    BAUTISTA, ET AL., respondents. permission of the Court must be secured. After such reinvestigation
    Citation: 151 SCRA 462 the finding and recommendations of the fiscal should be submitted
    to the Court for appropriate action. While it is true that the fiscal
    More...
    has the quasi judicial discretion to determine whether or not a
    criminal case should be filed in court or not, once the case had
    Search Result already been brought to Court whatever disposition the fiscal may
    feel should be proper in the case thereafter should be addressed for
    the consideration of the Court, The only qualification is that the
    action of the Court must not impair the substantial rights of the
    accused, or the right of the People to due process of law.
    Same; Same.·Whether the accused had been arraigned or not
    and whether it was due to a reinvestigation by the fiscal or a review
    by the Secretary of Justice whereby a motion to dismiss was
    submitted to the Court, the Court in the exercise of its discretion
    may grant the motion or deny it and require that the trial on the
    merits proceed for the proper determination of the case,
    Same; Where the court refuses to grant the fiscalÊs motion to
    dismiss, including a case where the Secretary of Justice ordered the
    fiscal to move to dismiss the case, the fiscal should continue to
    appear in the case although he may turn over the presentation of
    evidence to the private prosecutor.·However, one may ask, if the
    trial court refuses to grant the motion to dismiss filed by the fiscal
    upon the directive of the Secretary of Justice will there not be a
    vacuum in the prosecution? A state prosecutor to handle the case
    cannot possibly be designated by the Secretary of Justice who does
    not believe that there is a basis for prosecution nor can the fiscal be
    expected to handle the prosecution of the case thereby defying the
    superior order of the Secretary of Justice. The answer is simple. The

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