Thursday, January 7, 2016

Probable cause; power of judge vs. power of prosecutor. - A judge’s determination of probable cause is limited only to the judicial kind or for the purpose of deciding whether the arrest warrant should be issued against the accused.



G.R. No. 183551 November 12, 2014
THE PEOPLE OF THE PHILIPPINES, Petitioner, 
vs.
ENGR. RODOLFO YECYEC, ROGELIO BINAS, ISIDRO VICTA, IRENEO VINA, RUDY GO, JUANITO TUQUIB, ROMEO BUSTILLO, FELIX OBALLAS, CASTEO ESCLAMADO, RICARDO LUMACTUD, LEOPOLDO PELIGRO, PATERNO NANOLAN, CARLITO SOLATORIO, MEDARDO ABATON, FEDIL RABANES, FELIX HINGKING, BENJAMIN TOTO, EUFROCINO YBANEZ, FELOMINO OBSIOMA, LORETO PEROCHO, MARANIE UNGON, NOYNOY ANGCORAN, ROLANDO YUZON, NESTOR CHAVEZ, LEONARDO PREJAN, PRIMO LIBOT, NEMESIO ABELLA, IRENEO LICUT, PROCESO GOLDE, EPIFANIO LABRADOR, and BRANCH 11, REGIONAL TRIAL COURT (Manolo Fortich, Bukidnon), Respondents.



“x x x.

Corollary to the principle that a judge cannot be compelled to issue a warrant of arrest if he or she deems that there is no probable cause for doing so, the judge should not override the public prosecutor’s determination of probable cause to hold an accused for trial on the ground that the evidence presented to substantiate the issuance ofan arrest warrant was insufficient. It must be stressed that in our criminal justice system, the public prosecutor exercises a wide latitude of discretion in determining whether a criminal case should be filed in court, and the courts must respect the exercise of such discretion when the information filed against the person charged is valid on its face, and that no manifest error or grave abuse of discretion can be imputed to the public prosecutor.29

Thus, absent a finding that an information is invalid on its face or that the prosecutor committed manifest error or grave abuse of discretion, a judge’s determination of probable cause is limited only to the judicial kind or for the purpose of deciding whether the arrest warrant should be issued against the accused.

X x x.”