This case has been cited 3 times or more.
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2013-03-20 |
BERSAMIN, J. |
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| A preliminary investigation, according to Section 1, Rule 112 of the Rules of Court, is "an inquiry or proceeding to determine whether there is sufficient ground 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." The investigation is advisedly called preliminary, because it is yet to be followed by the trial proper in a court of law. The occasion is not for the full and exhaustive display of the parties' evidence but for the presentation only of such evidence as may engender a well-founded belief that an offense has been committed and that the accused is probably guilty of the offense.[16] The role and object of preliminary investigation were "to secure the innocent against hasty, malicious, and oppressive prosecutions, and to protect him from open and public accusation of crime, from the trouble, expenses and anxiety of a public trial, and also to protect the State from useless and expensive prosecutions."[17] | |||||
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2012-01-25 |
BERSAMIN, J. |
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| In this regard, we stress that a preliminary investigation for the purpose of determining the existence of probable cause is not part of a trial.[32] At a preliminary investigation, the investigating prosecutor or the Secretary of Justice only determines whether the act or omission complained of constitutes the offense charged.[33] Probable cause refers to facts and circumstances that engender a well-founded belief that a crime has been committed and that the respondent is probably guilty thereof.[34] There is no definitive standard by which probable cause is determined except to consider the attendant conditions; the existence of probable cause depends upon the finding of the public prosecutor conducting the examination, who is called upon not to disregard the facts presented, and to ensure that his finding should not run counter to the clear dictates of reason.[35] | |||||
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2006-02-27 |
CHICO-NAZARIO, J. |
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| This Court has invariably refrained from interfering with the Ombudsman's discretion in the conduct of preliminary investigation absent a clear case of grave abuse of discretion.[15] The rule is based not only upon respect for the investigatory and prosecutory powers granted by the Constitution to the Office of the Ombudsman but upon practicality as well. Otherwise, the functions of the courts will be grievously hampered by innumerable petitions assailing the dismissal of investigatory proceedings conducted by the Office of the Ombudsman with regard to complaints filed before it, in much the same way that the courts would be extremely swamped if they would be compelled to review the exercise of discretion on the part of the fiscals or prosecuting attorneys each time they decide to file an Information in court or dismiss a complaint by a private complainant.[16] | |||||