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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

During a preliminary investigation for robbery with homicide, the provincial prosecutor initially relies on eyewitness accounts and a mall surveillance video pointing to A as the suspect. A newly obtained street CCTV video, not presented during the initial investigation, shows B at the scene at the relevant time. Counsel for A files a Motion for Reinvestigation with the same investigating prosecutor, arguing that material evidence was suppressed and that there was misapprehension of the evidentiary record. The prosecutor denies the motion, and the investigation proceeds toward the filing of information. Which statement best describes the doctrine governing a Motion for Reinvestigation, its proper grounds, and its application to this scenario?

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Only the prosecution may file a Motion for Reinvestigation; the defense cannot initiate it. If reinvestigation is granted, the information already filed is automatically dismissed. A reinvestigation cannot be granted when new evidence arises after the preliminary investigation has begun; the appropriate remedy is to seek relief via certiorari to challenge the investigating prosecutor's action. The Motion for Reinvestigation is the proper remedy; it may be granted on grounds of suppression of material evidence, misapprehension of the evidentiary record, or discovery of new evidence; it permits reopening of the preliminary investigation by the same investigating prosecutor; if granted, reinvestigation may lead to a new or amended information; given the CCTV evidence, reinvestigation should be granted.

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