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BRIG. GEN. JOSE RAMISCAL v. SANDIGANBAYAN

This case has been cited 1 times or more.

2013-03-18
SERENO, C.J.
Secondly, as regards the finding of probable cause, it appears extant that the exercise of the wide prerogative by the Office of the Ombudsman was not whimsical, capricious or arbitrary,[23] given the supporting documentary evidence it had appreciated together with the NBI and the Sandiganbayan.  In the determination of probable cause, absolute certainty of evidence is not required, for opinion and reasonable belief are sufficient.[24] Besides, any other defense contesting the finding of probable cause that is highly factual in nature[25] must be threshed out in a full-blown trial, and not in a special civil action for certiorari before this Court.[26]