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

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

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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.

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

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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.

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

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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?

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

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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?

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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In the determination of probable cause, the Ombudsman’s discretion prevails over judicial discretion

In our criminal justice system, the public prosecutor exercises wide latitude of discretion in determining whether a criminal case should be filed in court.  Courts must respect the exercise of such discretion when the information filed against the person charged … Continue reading

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While prosecutors are given sufficient latitude of discretion in the determination of probable cause, their findings are subject to review by the Secretary of Justice

The Court held in First Women’s Credit Corporation v. Perez that:[13] It is settled that the determination of whether probable cause exists to warrant the prosecution in court of an accused should be consigned and entrusted to the Department of … Continue reading

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