Practice question
A complainant discovers a previously unavailable recording of substantial investigative value after the preliminary investigation has been submitted for resolution. Before any information is filed, the complainant moves to reopen and explains its significance. The respondent claims reopening is categorically unavailable because only respondents may request it. Which is most accurate?
- Only respondents may ever invoke reopening
- Reopening is mandatory whenever any recording is mentioned
- The recording automatically establishes conviction
- The motion may be entertained when the circumstances justify it; the circular does not reserve reopening exclusively to respondents
- The prosecutor must disregard newly discovered evidence of substantial value
Legal references
- DOJ Department Circular No. 015, s. 2024, Section 10, reopening paragraph; Crespo v. Mogul, G.R. No. L-53373, June 30, 1987, main decision.
- Reviewed primary authority, Verbatim primary issuance reproduction, Section 10 reopening paragraph: https://comanialaw.com/doj-department-circular-no-015-series-of-2024/
- Reviewed primary authority, Main decision, court permission and disposition after reinvestigation: https://lawphil.net/judjuris/juri1987/jun1987/gr_l-53373_1987.html
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