Category Archives: Probable Cause

The glaring absence of maliciousness in the assailed portion of the news article subject of this case negates the existence of probable cause that libel has been committed by the accused

Libel is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to discredit or cause the dishonor or contempt of a … Continue reading

Posted in Definitions, Freedom of the Press, Libel, Privileged Communications, Probable Cause, Quotations | Leave a comment

The acts of a quasi-judicial officer like DOJ Secretary may be assailed by the aggrieved party via a petition for certiorari and enjoined

On March 3, 2000, then Secretary of Justice Artemio Tuquero (Secretary Tuquero) dismissed the PDI Staff’s Petition for Review of the Resolution of the City Prosecutor.[11]  Secretary Tuquero rejected the argument of therein petitioners that the complaint should be dismissed … Continue reading

Posted in Certiorari, Certiorari Under Rule 65, DOJ, Libel, Probable Cause, Remedial Law | 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?

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

Posted in Preliminary Investigation, Probable Cause, Warrant of Arrest | Tagged , , | Leave a comment

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

Posted in Criminal Law, DOJ, Preliminary Investigation, Probable Cause, Uncategorized | Tagged , | Leave a comment

Two kinds of determination of probable cause: executive and judicial

There are two kinds of determination of probable cause: executive and judicial. The executive determination of probable cause is one made during preliminary investigation.  It is a function that properly pertains to the public prosecutor who is given a broad … Continue reading

Posted in Criminal Law, Ombudsman, Preliminary Investigation, Probable Cause, Sandiganbayan | Tagged , , | Leave a comment