This case has been cited 2 times or more.
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2010-03-26 |
DEL CASTILLO, J. |
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| A finding of probable cause needs only to rest on evidence showing that more likely than not a crime has been committed and was committed by the suspect. Probable cause need not be based on clear and convincing evidence of guilt, neither on evidence establishing guilt beyond reasonable doubt, and definitely not on evidence establishing absolute certainty of guilt.[13] In disapproving the recommendation of Prosecutor Bayag, Jr. and adopting instead that of Agbada, respondent Gonzalez as Deputy Ombudsman for Luzon was merely exercising his power and discharging his duty as mandated by the Constitution and by laws. It is discretionary upon him whether or not he would rely mainly on the findings of fact of Prosecutor Bayag, Jr. in making a review of the latter's report and recommendation. He can very well make his own findings of fact.[14] Thus, given this vast power and authority, he can conduct a preliminary investigation with or without the report from COA. The findings in the COA report or the finality or lack of finality of such report is irrelevant to the investigation of the Office of the Ombudsman in its determination of probable cause, as we declared in Dimayuga v. Office of the Ombudsman.[15] Thus, the filing of the Information against petitioner notwithstanding the lack of certification on her cashbook examination could not in any manner be said to be premature much less whimsical or arbitrary. Public respondents cannot be said to have gravely abused their discretion amounting to lack or excess of jurisdiction. | |||||
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2001-04-20 |
YNARES-SANTIAGO, J. |
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| While the Court of Appeals was initially unconvinced that Shell's feasibility study was up-to-date and proceeded to render the assailed judgment, its attention was subsequently called, in Shell's motion for reconsideration, to the ERB's Decision dated June 19, 1992[33] approving a similar application by Caltex to build a gasoline retail outlet in the same vicinity. Said decision was appealed by PDSC to the Court of Appeals (CA-G.R. SP No. 29099), and was affirmed by the latter in a Decision dated May 14, 1993.[34] The Decision in Caltex's application, where PDSC was the lone oppositor, was challenged before the appellate court on the very same grounds it proffered in opposing Shell's application.[35] In rejecting PDSC's contentions in CA-G.R. SP No. 29099, the Court of Appeals' Sixteenth Division ruled: As to the first ground - | |||||