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Office of the Provincial Prosecutor of Zamboanga Del Norte vs CA, Atico Abordo, et al

OFFICE OF THE PROVINCIAL PROSECUTOR OF ZAMBOANGA DEL NORTE, petitioners, vs. COURT OF APPEALS, ATICO ABORDO, JUDY CATUBIG, PETER MOLATO, and FLORENCIO CANDIA, respondents.

G.R. No. 125796 | 2000-12-27

D E C I S I O N

MENDOZA, J.:

The issue in this case is whether, even before the start of trial, the prosecution can be ordered to change the information which it had filed on the ground that the evidence presented at the preliminary investigation shows that the crime committed is not murder with multiple frustrated murder, but rebellion. The trial court ruled that the power to determine what crime to charge on the basis of the evidence gathered is the prerogative of the public prosecutor. The Court of Appeals, however, while agreeing with the trial court, nevertheless found the prosecutor to have gravely abused his discretion in charging...