Practice question
The prosecutor finds probable cause and files an information in a criminal court different from the RTC that issued the PHDO. A party claims the PHDO case must forever remain isolated from the criminal case. What does Section 5 provide on the prosecutor’s motion?
- The two courts must always prosecute separately on the same information.
- The PHDO automatically becomes an acquittal.
- The PHDO case shall be consolidated with the court where the criminal information is filed.
- The information is void merely because a different RTC issued the PHDO.
- A private complainant may choose to abolish either court.
Legal references
- Supreme Court A.M. No. 18-07-05-SC, August 7, 2018, Rule on Precautionary Hold Departure Order, Sections 2-8, quoted in Garcia v. Sandiganbayan, G.R. Nos. 205904-06, October 17, 2018, main decision: https://lawphil.net/judjuris/juri2018/oct2018/gr_205904-06_2018.html
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