This case has been cited 1 times or more.
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2005-06-28 |
YNARES-SANTIAGO, J. |
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| In Noblejas v. Salas,[38] we reaffirmed the power of supervision and control of the department secretary over his subordinate. We stated that "the power of control therein contemplated means to alter, modify, or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter." For, while it is the duty of the fiscal to prosecute persons who, according to evidence received from the complainant, are shown to be guilty of a crime, the Secretary of Justice is likewise bound by his oath of office to protect innocent persons from groundless, false or serious prosecution. He would be committing a serious dereliction of duty if he orders or sanctions the filing of an information based upon a complaint where he is not convinced that the evidence warrants the filing of the action in court. | |||||