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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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During the preliminary investigation of a private-complainant's estafa case under Rule 112, the complaint alleges two separate transactions: Count 1 and Count 2. The private complainant writes a letter to the prosecutor: “I withdraw my information against the respondent for Count 2.” The prosecutor accepts the withdrawal, and the preliminary investigation is terminated as to Count 2, while the investigation for Count 1 continues. Later, the prosecutor files information in the trial court charging the respondent for both Count 1 and Count 2. The private complainant moves to dismiss the information on the ground that she withdrew her information during the investigation. Distinguish: (a) whether withdrawal of information by a private complainant is permitted during the preliminary investigation, and the scope of such withdrawal (including partial withdrawal limited to a specific count); (b) the effect of a valid withdrawal on the ongoing preliminary investigation and on the filing of information; (c) what remedies are available if the information has already been filed and withdrawal is later sought. State the controlling rule and apply to the facts.

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Clara

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