Practice question
After reinvestigation, a fiscal files a dismissal motion in an existing court case. The accused argues that granting reopening made the later recommendation binding on the judge. Which is correct?
- Reopening does not remove the court’s discretion over dismissal
- The grant automatically acquits
- The recommendation cancels the docket
- Only the investigator may dispose of the pending case
- A private settlement is necessarily established
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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