Category Archives: Prosecutors

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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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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