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The determination of probable cause to file a criminal complaint or information in court is exclusively within the competence of the Executive Department, through the Secretary of Justice.
Jan 25, 2021 · Within 10 days after the investigation, the investigating officer shall issue a Resolution determining whether the complaint will be dismissed, or whether there is probable cause to hold the respondent for trial.
The executive determination of probable cause is one made during preliminary investigation. It is a function that properly pertains to the public prosecutor who is given a broad discretion to determine whether probable cause exists and to charge those whom he believes to have committed the crime as defined by law and thus should be held for trial.
If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule.
Sep 17, 2007 · The determination of probable cause during a preliminary investigation is an executive function, the correctness of the exercise of which is a matter that the trial court itself does not and may not be compelled to pass upon.
At the preliminary investigation, the Ombudsman determines probable cause which merely involves weighing of facts and circumstances and relying on common sense, without resorting to technical rules of evidence. [91]
Probable cause need not be based on clear and convincing evidence of guilt, as the investigating officer acts upon probable cause of reasonable belief. Probable cause implies probability of guilt and requires more than bare suspicion but less than evidence which would justify a conviction.
Jan 26, 2021 · Within 10 days after the investigation, the investigating officer shall issue a Resolution determining whether the complaint will be dismissed, or whether there is probable cause to hold the respondent for trial.
The purpose of a preliminary investigation is to determine whether a crime has been committed and whether there is probable cause to believe that the accused is guilty of the crime and should be held for trial. [60]
What is the Nature and Purpose of preliminary investigation? The determination of probable cause during a preliminary investigation is an executive function, the correctness of the exercise of which is a matter that the trial court itself does not and may not be compelled to pass upon.
