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.
