Category Archives: Preliminary Investigation

A judge is liable for gross ignorance of the law for failure, after conducting a preliminary investigation, to transmit the resolution of the case together with the entire records to the Provincial Prosecutor

Posted on February 15, 2012 by Erineus

In the case extant, Respondent was only acting as Assisting Judge and then as Acting Presiding Judge of the Municipal Trial Court of Guihulngan, Negros Oriental when he issued the questioned Orders.  This court is of the view that Respondent … Continue reading →

Posted in Judicial and Legal Ethics, Preliminary Investigation | Tagged | Leave a comment

Is a preliminary investigation a quasi-judicial proceeding? Is a DOJ a quasi-judicial agency exercising a quasi-judicial function when it reviews the findings of a public prosecutor regarding the presence of probable cause.

Posted on February 9, 2012 by Erineus

We cannot agree with petitioners’ submission that a preliminary investigation is a quasi-judicial proceeding, and that the DOJ is a quasi-judicial agency exercising a quasi-judicial function when it reviews the findings of a public prosecutor regarding the presence of probable … Continue reading →

Posted in Definitions, DOJ, Preliminary Investigation, Prosecutors, Quasi-Judicial, Question and Answers | Tagged | 2 Comments

Exceptions to the Court’s general policy not to interfere in the conduct of preliminary investigations, leaving the investigating officers sufficient discretion to determine probable cause.

Posted on February 9, 2012 by Erineus

While it is this Court’s general policy not to interfere in the conduct of preliminary investigations, leaving the investigating officers sufficient discretion to determine probable cause,[27] we have nonetheless made some exceptions to the general rule, such as: 1.  when … Continue reading →

Posted in Criminal Procedures, Exceptions, Preliminary Investigation, Remedial Law | Tagged | Leave a comment

The question of whether or not to dismiss a complaint is within the purview of the functions of the prosecutor and, ultimately, that of the Secretary of Justice?

Posted on January 2, 2012 by Erineus

We now resolve whether the Secretary of Justice committed grave abuse of discretion in his Resolutions dated June 6, 2000 and October 11, 2000.  Under the Revised Administrative Code, the Secretary of Justice exercises the power of direct control and … Continue reading →

Posted in DOJ, Preliminary Investigation, Prosecutors, Question and Answers, Supervision and Control | Tagged , , , | Leave a comment

May a judge issue a warrant of arrest solely on the basis of the report and recommendation of the investigating prosecutor, without personally determining probable cause by independently examining sufficient evidence submitted by the parties during the preliminary investigation?

Posted on December 12, 2011 by Erineus

The pertinent provision of the Constitution reads: Sec. 2 [Article III]. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be … Continue reading →

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