Published 3 October 2025, The Daily Tribune
Last September 2023, the Supreme Court’s Office of the Court Administrator (OCA) issued Circular No. 335-2023, reminding judges of first- and second-level courts how to handle Motions to Withdraw Information and Motions to Dismiss filed by the prosecution. While seemingly procedural, the directive carries significant implications for the justice system, especially in the areas of jail decongestion, docket management, and the delicate balance between prosecutorial discretion and judicial independence.
The Circular instructs judges to refrain from denying outright a prosecution’s motion to withdraw or dismiss a case simply because probable cause has already been judicially determined. Instead, magistrates are directed to independently assess the merits of the motion, evaluating the sufficiency of the prosecution’s evidence and exercising their own discretion in accordance with established jurisprudence.
This guidance aligns with the Department of Justice’s (DOJ) earlier issuances adopting the new evidentiary standard of “reasonable certainty of conviction” as the measure of probable cause. DOJ Circulars No. 008 and 008-A, both issued in February 2023, required prosecutors to reassess their cases and determine whether conviction is reasonably certain based on available evidence, witness cooperation, and the continuing interest of complainants. When such reasonable certainty is lacking, prosecutors are duty-bound to file the appropriate motion to withdraw or dismiss.
In the same month, DOJ Circular No. 016 defined “reasonable certainty of conviction” as the existence of a prima facie case that, if left uncontroverted, would be sufficient to establish all elements of the crime and secure conviction beyond reasonable doubt. Without this threshold, no case should even reach the courts.
The OCA’s directive, therefore, dovetails with the DOJ’s prosecutorial standard. It recognizes that the absence of reasonable certainty of conviction justifies withdrawal or dismissal, but underscores that the ultimate decision rests not with the prosecutor but with the judge. This is consistent with the landmark case of Crespo v. Mogul (G.R. No. L-53373, June 30, 1987), where the Supreme Court ruled that once an information is filed, the court assumes full control of the case. Whether the motion to dismiss is filed before or after arraignment, or arises from reinvestigation or review by the Secretary of Justice, the discretion lies with the court to either grant dismissal or direct the continuation of trial.
The Circular gains added significance against the backdrop of the Jail Decongestion Program. By reminding judges not to summarily deny motions but to carefully weigh the evidence, the OCA hopes to prevent unnecessary prolongation of weak cases that clog dockets and overcrowd detention facilities. Yet it also safeguards against the arbitrary withdrawal of charges, ensuring that dismissals are anchored on judicial, not merely prosecutorial, determination.
This balance is crucial. On the one hand, the justice system cannot allow accused persons to languish in detention over cases with little chance of conviction. On the other, it cannot surrender its authority to prosecutors whose assessments, while important, cannot substitute for judicial determination.
In sum, the Circular harmonizes prosecutorial discretion with judicial independence, aligns policy with the goals of jail decongestion and docket efficiency, and reaffirms the enduring doctrine of Crespo v. Mogul. It is a quiet but vital step in strengthening our criminal justice system—reminding all that while prosecutors recommend, it is the courts that decide.
For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.
