This case has been cited 4 times or more.
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2011-09-17 |
PERALTA, J. |
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| Probable cause for purposes of filing a criminal information is defined as such facts as are sufficient to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.[39] As held in Sy v. Secretary of Justice,[40] citing Villanueva v. Secretary of Justice:[41] | |||||
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2011-09-17 |
PERALTA, J. |
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| Probable cause for purposes of filing a criminal information is defined as such facts as are sufficient to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.[39] As held in Sy v. Secretary of Justice,[40] citing Villanueva v. Secretary of Justice:[41] | |||||
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2011-05-30 |
VILLARAMA, JR., J. |
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| 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, courts are nevertheless empowered to substitute their judgment for that of the Secretary of Justice when the same was rendered without or in excess of authority.[43] Where the Secretary of Justice dismissed the complaint against the respondent despite sufficient evidence to support a finding of probable cause, such clearly constitutes grave error, thus warranting a reversal.[44] The CA thus clearly erred in sustaining the ruling of Secretary Perez for the exclusion of respondent Bernardino from the charge of attempted murder despite a prima facie case against him having been established by the evidence on record. | |||||
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2008-07-30 |
CHICO-NAZARIO, J. |
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| (b) whether the two cases before the SEC are prejudicial questions which have to be resolved before the criminal cases may proceed. Probable cause, for the purpose 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 respondent is probably guilty thereof.[18] The term does not mean "actual and positive cause" nor does it import absolute certainty. It is merely based on opinion and reasonable belief. Probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged. [19] | |||||