In a criminal action for infringement or unfair competition, the Department of Justice (DOJ) conducts a preliminary investigation. If it is convinced that probable cause exists, it files a complaint (called the Information) before the proper regional trial court (RTC). In case the DOJ moves to withdraw the information, should the RTC grant this as a matter of course? And if the DOJ decides to file the same Information again, will this constitute double jeopardy? These are the main issues tackled in the case of Summerville General Merchandising & Co Inc vs Hon Antonio Eugenio Jr et al GR 163741, decided by the Supreme Court on August 7 2007.