Practice question
DOJ reverses a prosecution resolution on review after information was filed. The accused demands that the trial judge treat the appellate executive resolution as a self-executing dismissal. Which is correct?
- The prosecutor must seek the court’s disposition; the executive resolution does not itself dismiss
- Review automatically erases the court record
- The Secretary becomes the trial court
- The respondent can privately cancel the information
- The motion to suspend itself acquits
Legal references
- DOJ Department Circular 015 (2024), Sections2–7,10,15–16,19–20; primary issuance text reproduced at https://comanialaw.com/doj-department-circular-no-015-series-of-2024/
- Crespo v. Mogul, G.R.L-53373, June30,1987: https://lawphil.net/judjuris/juri1987/jun1987/gr_l-53373_1987.html
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