Crespo Doctrine

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Criminal Procedure

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  • Crespo Doctrine

    In Crespo, the Court laid down the rule that once an Information is filed in court, any disposition of thecase rests on the sound discretion of the court. In subsequent cases, the Court clarified that Crespodoes not bar the Justice Secretary from reviewing the findings of the investigating prosecutor in theexercise of his power of control over his subordinates. The Justice Secretary is merely advised, as far aspracticable, to refrain from entertaining a petition for review of the prosecutors finding when theInformation is already filed in court. In other words, the power or authority of the Justice Secretary toreview the prosecutors findings subsists even after the Information is filed in court. The court, however,is not bound by the Resolution of the Justice Secretary, but must evaluate it before proceeding with thetrial. While the ruling of the Justice Secretary is persuasive, it is not binding on courts.