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Levi Strauss (Phils.), Inc. Vs. Tony Lim

LEVI STRAUSS (PHILS.), INC., Petitioner, versus TONY LIM,Respondent.

G.R. No. 162311 | 2008-12-04

D E C I S I O N


REYES, R.T., J.:

THE remedy of a party desiring to elevate to the appellate court an adverse resolution of the Secretary of Justice is a petition for certiorari under Rule 65. A Rule 43 petition for review is a wrong mode of appeal.[1]


During preliminary investigation, the prosecutor is vested with authority and discretion to determine if there is sufficient evidence to justify the filing of an information. If he finds probable cause to indict the respondent for a criminal offense, it is his duty to file the corresponding information in court. However, it is equally his duty not to prosecute when after an investigation, the...