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