This case has been cited 1 times or more.
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2014-03-19 |
PEREZ, J. |
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| In Verzano, Jr. v. Paro,[11] we had the occasion to rule that while generally it is the Secretary of Justice who has the authority to review the decisions of the prosecutors, the Court Appeals has the authority to correct the acts of the prosecutorial officers tainted with grave abuse of discretion notwithstanding the filing of the informations before the trial court. The authority of the Court of Appeals is bolstered by the fact that the petition filed before it was one under Rule 65, such that it has the jurisdiction to determine whether or not the prosecutor and/or the Secretary of Justice acted with grave abuse of discretion amounting to lack or excess of jurisdiction.[12] The filing or withdrawal, as in this case, of an Information before the RTC does not foreclose the review on the basis of grave abuse of discretion the resolution of a prosecutor, or the Secretary of Justice on the issue of probable cause. | |||||