"x x x.
The prosecution points out that, rather than dismiss the criminal action outright, Judge Yadao should have ordered the panel of prosecutors to present additional evidence pursuant to Section 6, Rule 112 of the Rules of Court which provides:
Sec. 6. When warrant of arrest may issue. – (a) By the Regional Trial Court. – Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. 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. In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint of information.
Section 6, Rule 112 of the Rules of Court gives the trial court three options upon the filing of the criminal information: (1) dismiss the case if the evidence on record clearly failed to establish probable cause; (2) issue a warrant of arrest if it finds probable cause; and (3) order the prosecutor to present additional evidence within five days from notice in case of doubt as to the existence of probable cause.24
But the option to order the prosecutor to present additional evidence is not mandatory. The court’s first option under the above is for it to "immediately dismiss the case if the evidence on record clearly fails to establish probable cause." That is the situation here: the evidence on record clearly fails to establish probable cause against the respondents.
It is only "in case of doubt on the existence of probable cause" that the judge may order the prosecutor to present additional evidence within five days from notice. But that is not the case here. Discounting the affidavits of Ramos, Medes, Enad, and Seno, nothing is left in the record that presents some doubtful probability that respondents committed the crime charged. PNP Director Leandro Mendoza sought the revival of the cases in 2001, six years after it happened. It would have been ridiculous to entertain the belief that the police could produce new witnesses in the five days required of the prosecution by the rules.
In the absence of probable cause to indict respondents for the crime of multiple murder, they should be insulated from the tribulations, expenses and anxiety of a public trial.25
x x x."
