Practice question
A judge denies a withdrawal motion solely by stating, 'Crespo means no information may ever be withdrawn after filing,' without considering the record or grounds. Is the stated rationale sound?
- No; Crespo requires sound discretion and does not categorically prohibit withdrawal
- Yes; filing permanently bars every dismissal
- Yes; denying motions never requires evaluation
- Yes; prosecutors lose the ability to make any motion after filing
- No; every withdrawal motion must instead be granted
Legal references
- https://www.lawphil.net/judjuris/juri1987/jun1987/gr_l-53373_1987.html — Crespo v Mogul, GRL53373, June30 1987, ENBANC MAIN decision (judicial control after filing).
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70443 — Philippine Investment Two (SPV-AMC), Inc. v. Sebastian, G.R. Nos. 238729-30, April 8, 2026, EN BANC MAIN decision (independent assessment on withdrawal and prior arrest probable-cause finding).
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/4/70233 — Meking v. Remulla, G.R. No. 280455, November 11, 2025, EN BANC MAIN decision (DOJ-NPS rules and executive charging standard).
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