Thursday, July 18, 2013

When may a trial judge dismiss a criminal case for lack of probable cause before trial proper. - sc.judiciary.gov.ph/jurisprudence/2013/june2013/178947.pdf

see - sc.judiciary.gov.ph/jurisprudence/2013/june2013/178947.pdf


"In this regard, so as not to transgress the public prosecutor’s authority,
it must be stressed that the judge’s dismissal of a case must be done only in clear-cut cases when the evidence on record plainly fails to establish
probable cause – that is when the records readily show uncontroverted,
and thus, established facts which unmistakably negate the existence of the elements of the crime charged. On the contrary, if the evidence on record
shows that, more likely than not, the crime charged has been committed and that respondent is probably guilty of the same, the judge should not dismiss the case and thereon, order the parties to proceed to trial. In doubtful cases, however, the appropriate course of action would be to order the presentation of additional evidence.55

In other words, once the information is filed with the court and the judge proceeds with his primordial task of evaluating the evidence on record, he may either: (a) issue a warrant of arrest, if he finds probable cause; (b) immediately dismiss the case, if the evidence on record clearly fails to establish probable cause; and (c) order the prosecutor to submit additional evidence, in case he doubts the existence of probable cause.56"