Remedial Law, 2012 Bar — Question I-A

ESSAY

After an information for rape was filed in the RTC, the DOJ Secretary, acting on the accused’s petition for review, reversed the investigating prosecutor’s finding of probable cause. Upon order of the DOJ Secretary, the trial prosecutor filed a Motion to Withdraw Information which the judge granted. The order of the judge stated only the following: "Based on the review by the DOJ Secretary of the findings of the investigating prosecutor during the preliminary investigation, the Court agrees that there is no sufficient evidence against the accused to sustain the allegation in the information. The motion to withdraw Information is, therefore, granted." If you were the private prosecutor, what should you do? Explain. (5%)

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