This case has been cited 1 times or more.
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2007-06-07 |
AZCUNA, J. |
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| While the old 1985 Rules of Criminal Procedure, as amended, stated that "[no] complaint or information may be filed or dismissed by an investigating fiscal without the prior written authority or approval of the provincial or city fiscal of chief state prosecutor," the 2000 Revised Rules of Criminal Procedure states that "[n]o complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy." Since the provision is couched in negative terms importing that the act shall not be done otherwise than designated, it is mandatory.[10] | |||||