This case has been cited 4 times or more.
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2015-03-11 |
LEONEN, J. |
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| such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. The abuse of discretion must be grave as where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility and must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined by or to act at all in contemplation of law.[53] Resorting to certiorari requires that there be there be "no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law[,]"[54] such as a motion for reconsideration. Generally, "a motion for reconsideration is a condition sine qua non before a petition for certiorari may lie, its purpose being to grant an opportunity for the [tribunal or officer] to correct any error attributed to it by a re-examination of the legal and factual circumstances of the case."[55] | |||||
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2015-03-11 |
LEONEN, J. |
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| Probable cause pertains to "such facts as are sufficient to engender a well-founded belief that a crime has been committed and that respondent is probably guilty thereof." [66] Preliminary investigation is the inquiry or proceeding to determine whether there is probable cause.[67] | |||||
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2013-09-18 |
DEL CASTILLO, J. |
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| "Under Article 8 of the Revised Penal Code [RPC], there is conspiracy if two or more persons agree to commit a felony and decide to commit it. [It] must be proven during trial with the same quantum of evidence as the felony subject of the agreement of the parties [either] by direct or circumstantial evidence [of the conspirators' conduct] before, during and after the commission of the felony to achieve a common design or purpose."[34] | |||||
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2012-04-25 |
VELASCO JR., J. |
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| While discretionary authority to determine probable cause in a preliminary investigation to ascertain sufficient ground for the filing of an information rests with the executive branch,[29] such authority is far from absolute. It may be subject to review when it has been clearly used with grave abuse of discretion.[30] And indeed, grave abuse of discretion attended the decision to drop the charges against Tria as there was more than probable cause to proceed against him for qualified theft. | |||||