This case has been cited 1 times or more.
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2009-02-13 |
YNARES-SANTIAGO, J. |
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| We need not discuss whether the Metropolitan Trial Court erred in denying the Motion for Withdrawal of Information because to entertain said issue would, in effect, give due course to the prohibited petition for certiorari. Suffice it to say that although the institution of criminal actions depends on the sound discretion of the fiscal, once a case is filed in court, it can no longer be withdrawn or dismissed without the court's approval. Moreover, while the Secretary of Justice has the power to alter or modify the resolution of his subordinate and thereafter direct the withdrawal of the case, he cannot, however, impose his will on the court.[26] | |||||