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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An offended party, Rosa, files a complaint with the prosecutor for estafa under Rule 112. During the preliminary investigation, Rosa writes: “I withdraw my information against Marco.” The prosecutor accepts the withdrawal and the preliminary investigation is terminated. Later, the prosecutor files information against Marco in the trial court. Rosa now asks that the information be dismissed 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; (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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