Practice question
After filing the information, the fiscal receives a DOJ reversal and asks the judge to dismiss. The judge declines. May the fiscal simply abandon the prosecution and leave it entirely to private counsel?
- The witness must become fiscal
- Yes; DOJ reversal abolishes the court case
- Yes; private counsel automatically becomes public prosecutor
- Only the accused may prosecute
- No; Crespo preserves the public prosecutor’s direction and control
Legal references
- A.M.24-02-09-SC, May28,2024: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69517
- Meking v. Remulla, G.R.280455, November11,2025, main ruling: https://lawphil.net/judjuris/juri2025/nov2025/gr_280455_2025.html
- Crespo v. Mogul, G.R.L-53373, June30,1987: https://lawphil.net/judjuris/juri1987/jun1987/gr_l-53373_1987.html
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