Practice question
On a withdrawal motion, the judge reviews the pleadings, affidavits, defense submissions, and the Secretary's reasons. The judge explains why the evidence fails to support a material element and grants the motion. The complainant's sole objection is that granting the prosecutor's request necessarily makes the court a rubber stamp. Which is most accurate?
- Any grant necessarily violates judicial independence
- Only denial can demonstrate discretion
- The court may never consider defense materials
- A reasoned independent assessment can validly support withdrawal even when the conclusion agrees with the prosecution
- The complainant has an absolute veto
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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