Practice question
The DOJ directs the prosecutor to seek withdrawal of an information. Before any court order, the accused asserts that the DOJ resolution alone has erased the filed information. Is that correct?
- Yes; an executive letter itself disposes of the judicial case
- Yes; the court clerk need only delete the docket
- No; the motion's disposition remains for the court
- Yes; judicial consideration is forbidden after DOJ review
- No; the prosecutor is forbidden even to file a withdrawal motion
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).
Answer this question in flashcards to review your response and continue practicing.