Practice question
After an information is filed, the court permits reinvestigation. The prosecutor then recommends dismissal for lack of sufficient evidence. The accused insists that this recommendation itself terminates the pending court case. Which is correct under Crespo?
- The recommendation automatically cancels the court case
- The court must independently act on the recommendation through its sound discretion, protecting the parties' rights
- Only the accused may decide whether the information survives
- The prosecutor may remove the court record without an order
- The recommendation is itself a final acquittal
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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