This case has been cited 6 times or more.
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2014-11-24 |
DEL CASTILLO, J. |
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| In view of the foregoing, we are convinced that there is probable cause to indict respondent spouses for tax evasion as petitioner was able to show that a tax is due from them. Probable cause, for purposes of filing a criminal information, is defined as such facts that are sufficient to engender a well-founded belief that a crime has been committed, that the accused is probably guilty thereof, and that he should be held for trial.[82] It bears stressing that the determination of probable cause does not require actual or absolute certainty, nor clear and convincing evidence of guilt; it only requires reasonable belief or probability that more likely than not a crime has been committed by the accused.[83] | |||||
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2010-04-23 |
PERALTA, J. |
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| In the present case, the Office of the Ombudsman did not find probable cause that would warrant the filing of Information against respondents. Probable cause, for purposes of filing a criminal information, has been defined as such facts as are sufficient to engender a well-founded belief that a crime has been committed and that respondents are probably guilty thereof. The determination of its existence lies within the discretion of the prosecuting officers after conducting a preliminary investigation upon complaint of an offended party.[13] Probable cause is meant such set of facts and circumstances which would lead a reasonably discreet and prudent man to believe that the offense charged in the Information, or any offense included therein, has been committed by the person sought to be arrested. In determining probable cause, the average man weighs facts and circumstances without resorting to the calibrations of the rules of evidence of which he has no technical knowledge. He relies on common sense. A finding of probable cause needs only to rest on evidence showing that more likely than not a crime has been committed and that it was committed by the accused. Probable cause demands more than bare suspicion; it requires less than evidence which would justify conviction.[14] Unless it is shown that the questioned acts were done in a capricious and whimsical exercise of judgment evidencing a clear case of grave abuse of discretion amounting to lack or excess of jurisdiction, this Court will not interfere in the findings of probable cause determined by the Ombudsman.[15] | |||||
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2009-06-23 |
CHICO-NAZARIO, J. |
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| The filing of an information in the trial court initiates a criminal action. The trial court thereby acquires jurisdiction over the case. After the filing of the complaint or the information, a warrant for the arrest of the accused is issued by the trial court. When the accused voluntarily submits himself to the court or is duly arrested, the court then acquires jurisdiction over the person of the accused.[27] In this case, the trial court acquired jurisdiction over the persons of the accused Carmelo Jaro, Remedios Malibaran, and the respondent, who posted bail bonds after the trial court issued a Warrant of Arrest on 4 October 2004. While it is true that the fiscal has the quasi-judicial discretion to determine whether or not a criminal case should be filed in court, once the case has been brought to court, whatever disposition the fiscal may feel is proper in the case should be addressed to the consideration of the trial court.[28] | |||||
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2008-12-04 |
YNARES-SANTIAGO, J. |
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| The determination of the existence of probable cause lies within the discretion of the prosecuting officers after conducting a preliminary investigation upon complaint of an offended party. Their decisions are reviewable by the Secretary of Justice who may direct the filing of the corresponding information or to move for the dismissal of the case.[27] | |||||
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2008-07-30 |
CHICO-NAZARIO, J. |
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| These findings of probable cause fall within the jurisdiction of the prosecutor or fiscal in the exercise of executive power, which the courts do not interfere with unless there is grave abuse of discretion. The determination of its existence lies within the discretion of the prosecuting officers after conducting a preliminary investigation upon complaint of an offended party. Thus, the decision whether to dismiss a complaint or not is dependent upon the sound discretion of the prosecuting fiscal.[22] He may dismiss the complaint forthwith, if he finds the charge insufficient in form or substance or without any ground. Or he may proceed with the investigation if the complaint in his view is sufficient and in proper form. To emphasize, the determination of probable cause for the filing of information in court is an executive function, one that properly pertains at the first instance to the public prosecutor and, ultimately, to the Secretary of Justice, who may direct the filing of the corresponding information or move for the dismissal of the case.[23] Ultimately, whether or not a complaint will be dismissed is dependent on the sound discretion of the Secretary of Justice.[24] And unless made with grave abuse of discretion, findings of the Secretary of Justice are not subject to review.[25] | |||||
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2005-11-18 |
CALLEJO, SR., J. |
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| The determination of its existence lies within the discretion of the prosecuting officers after conducting a preliminary investigation upon complaint of an offended party.[24] The Resolution of the Secretary of Justice declaring the absence or existence of a probable cause affirmed by the CA is accorded high respect. However, such finding may be nullified where grave abuse of discretion amounting to excess or lack of jurisdiction is established.[25] | |||||