Category: Criminal Procedure
IF THE PROSECUTOR THINKS AFTER FILING A CASE, THAT A PRIMA FACIE CASE DOES NOT EXIST, CAN HE REFUSE TO PROSECUTE?
> No, he cannot refuse to prosecute
> He is obliged by law to proceed and prosecute the criminal action
> He cannot impose his opinion on court
> At most, he could file a Motion for Reinvestigation or a Motion to Withdraw Information
> Serapio v. Sandiganbayan: the court may order the dismissal of a case if it finds the absence of probable cause (essence of the control of the court)
