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Question
A private complainant, Gabriela, files a complaint with the prosecutor for estafa under Rule 112. During the preliminary investigation, Gabriela submits a written withdrawal stating: “I withdraw my information against Samuel.” The prosecutor accepts the withdrawal and the preliminary investigation is terminated as to that offense. Later, the prosecutor files information against Samuel in the trial court for the same offense. Gabriela 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.