CRESPO vs MOGUL

CRESPO vs MOGUL

GR No. L-53373  June 30, 1987

FACTS:

Assistant Fiscal Proceso K. Gala with the approval of the Provincial Fiscal filed an information for estaga against Mario Crespo in the Circuit Criminal Court of Lucena City. When the case was set for arraignment the accused filed a motion to deter arraignment on the ground that there was a pending petition for review filed with the Secretary of Justice of the resolution of the office of provincial Fiscal.

CARDINAL PRINCIPLE:

Criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of the fiscal. The institution of a criminal action depends upon the sound discretion of the Fiscal. He may or he may not file the complaint or information, follow or not follow that presented by the offended party, according to whether the evidence in his opinion, is sufficient or not to establish the guilt of the accused beyond reasonable doubt. The reason for placing the criminal prosecution under the discretion and control of the fiscal is to prevent malicious or unfounded prosecution by private persons.

It is through the conduct of preliminary investigation, that the fiscal determines the existence of a Prima Facie case that would warrant the prosecution of a case. The Courts cannot interfere with the fiscal’s discretion and control of the criminal prosecution. It is not prudent or even permissible for a Court of compel the fiscal to prosecute a proceeding originally initiated by him on an information.

In a clash of views between the Judge who did not investigate and the Fiscal who did, or between the fiscal and the offended party or the defendant, those of the Fiscal’s should normally prevail.

The action of fiscal or prosecutor is not without any limitation or control. The same is subject to the approval to the Provincial or City Fiscal or the Chief of State Prosecutor as the case maybe and it maybe elevated for review to the Secretary of Justice who has the power to affirm, modify or reverse the action or opinion of the Fiscal.