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Stevens N. Fuentes vs. The Sandiganbayan, et al

STEVENS N. FUENTES, Petitioner, versus THE SANDIGANBAYAN and THE PEOPLE OF THE PHILIPPINES, Respondents.

G.R. No. 139618 | 2006-07-11

SECOND DIVISION

DECISION 

SANDOVAL-GUTIERREZ, J.: 

Once a criminal action has been instituted by the filing of the Information with the court, the latter acquires jurisdiction and has the authority to determine whether to dismiss the case or convict or acquit the accused. However, the court, in the exercise of its judicial discretion, cannot ignore the recommendation of the prosecution. Hence, where the prosecution is convinced that the evidence is insufficient to establish the guilt of an accused, it cannot be faulted for moving for the withdrawal of the Information. However, in granting or denying the motion to withdraw, the...