This case has been cited 3 times or more.
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2014-06-25 |
BERSAMIN, J. |
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| As a general rule, the courts will not issue writs of prohibition or injunction whether preliminary or final in order to enjoin or restrain any criminal prosecution.[48] But there are extreme cases in which exceptions to the general rule have been recognized, including: (1) when the injunction is necessary to afford adequate protection to the constitutional rights of the accused; (2) when it is necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions; (3) when there is a prejudicial question that is sub judice; (4) when the acts of the officer are without or in excess of authority; (5) when the prosecution is under an invalid law, ordinance or regulation; (6) when double jeopardy is clearly apparent; (7) when the court has no jurisdiction over the offense; (8) when it is a case of persecution rather than prosecution; (9) when the charges are manifestly false and motivated by the lust for vengeance; and (10) when there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied.[49] However, the respondents did not sufficiently show that Civil Case No. CEB-26468 came under any of the foregoing exceptions. Hence, the issuance by the RTC of the writ of preliminary injunction to enjoin the petitioner from instituting criminal complaints for violation of BP No. 22 against the respondents was unwarranted. | |||||
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2007-01-31 |
CARPIO MORALES, J. |
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| 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 Justice, as reviewer of the findings of public prosecutors.[26] The court's duty in an appropriate case is confined to a determination of whether the assailed executive or judicial determination of probable cause was done without or in excess of jurisdiction or with grave abuse of discretion amounting to want of jurisdiction. This is consistent with the general rule that criminal prosecutions may not be restrained or stayed by injunction, preliminary or final,[27] albeit in extreme cases, exceptional circumstances have been recognized.[28] The rule is also consistent with this Court's policy of non-interference in the conduct of preliminary investigations, and of leaving to the investigating prosecutor sufficient latitude of discretion in the exercise of determination of what constitutes sufficient evidence as will establish probable cause for the filing of an information against a supposed offender.[29] | |||||
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2004-07-21 |
YNARES-SANTIAGO, J. |
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| In the case at bar, therefore, the Secretary of Justice did not commit grave abuse of discretion contrary to the finding of the Court of Appeals. It is well-settled in the recent case of Samson, et al. v. Guingona[27] that the Court will not interfere in the conduct of preliminary investigations or reinvestigations and leave to the investigating prosecutor sufficient latitude of discretion in the exercise of determination of what constitutes sufficient evidence as will establish probable cause for the filing of information against an offender. Moreover, his findings are not subject to review unless shown to have been made with grave abuse.[28] | |||||