Practice question
In a pending criminal case, the prosecutor moves to withdraw the information following DOJ review. Private counsel intervening for the offended party objects and claims an absolute veto because damages are sought in the same case. The accused, in turn, claims DOJ review requires automatic dismissal. Which position correctly identifies who must decide the motion?
- The offended party, because civil intervention creates an absolute veto
- The accused, because DOJ review ends judicial authority
- The DOJ alone, without a judicial order
- The court, exercising its own sound discretion on the motion
- Private counsel, because counsel was hired first
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule110 §§2–4,5 private-crime clauses,10,15–16 and Rule111; read §5 first paragraph with AM02-2-07-SC amendment.
- https://chief.lawphil.net/courts/supreme/am/am_02-2-07-sc_2002.html — A.M. No. 02-2-07-SC, April 10, 2002, effective May 1, 2002 (written authorization and court approval of private prosecution).
- 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).
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