RESOLVING A MOTION TO DISMISS OR WITHDRAWING AN INFORMATION:

     Well-entrenched is the rule that once a case is filed with the court, any disposition of it rests on the sound discretion of the court. In thus resolving a motion to dismiss a case or to withdraw an Information, the trial court should not rely solely and merely on the findings of the public prosecutor or the Secretary of Justice. It is the court’s bounden duty to assess independently the merits of the motion, and this assessment must be embodied in a written order disposing of the motion. While the recommendation of the prosecutor or the ruling of the Secretary of Justice is persuasive, it is not binding on courts. By relying solely on the manifestation of the public prosecutor and the resolution of the DOJ Secretary, the trial court abdicated its judicial power and refused to perform a positive duty enjoined by law. The said Orders were thus stained with grave abuse of discretion and violated the complainant’s right to due process. They were void, had no legal standing, and produced no effect whatsoever. This Court must therefore remand the case to the RTC, so that the latter can rule on the merits of the case to determine if a prima facie case exists and consequently resolve the Motion to Dismiss and Withdraw Information anew. (JOSEPH C. CEREZO vs. PEOPLE OF THE PHILIPPINES, G.R. No. 185230, June 1, 2011, NACHURA, J.)