This case has been cited 1 times or more.
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2006-07-11 |
SANDOVAL-GUTIERREZ, J. |
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| As early as US v. Valencia,[8] this Court, through Justice Charles A. Willard, ruled that once an Information has been filed in court, the latter acquires jurisdiction over the case; and, accordingly, it is the court, not the fiscal, which has control over it. In US v. Barredo,[9] this Court explained that fiscals are not clothed with the power to dismiss or nolle prosequi criminal actions once these have been instituted, for the power to dismiss is solely vested in the court. The Barredo doctrine has continuously been applied through the years.[10] In other words, once a court acquires jurisdiction, the same continues until the termination of the case.[11] The rule, therefore, in this jurisdiction is that once a complaint or information is filed in court, any disposition of the case, whether it be dismissal or the conviction or the acquittal of the accused, rests in the sound discretion of the court.[12] The only qualification to this exercise of the judicial prerogative is that the substantial rights of the accused must not be impaired[13] nor the People be deprived of the right to due process.[14] | |||||