Probable cause is defined in Arroyo v. Sandiganbayan:92
Probable cause is defined as 'the existence of such facts and circumstances as would excite the belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted.' In Ganaden v. Ombudsman, this Court explained the nature of a finding of probable cause, thus:
[A] finding of probable cause needs only to rest on evidence showing that more likely than not a crime has been committed and there is enough reason to believe that it was committed by the accused. It need not be based on clear and convincing evidence of guilt, neither on evidence establishing absolute certainty of guilt. A finding of probable cause merely binds over the suspect to stand trial. It is not a pronouncement of guilt.
The term does not mean "actual and positive cause" nor does it import absolute certainty. It is merely based on opinion and reasonable belief.... Probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction....
The Ombudsman's finding of probable cause does not rule on the issue of guilt or innocence of the accused. The Ombudsman is mandated to only evaluate the evidence presented by the prosecution and the accused, and then determine if there is enough reason to believe that a crime has been committed and that the accused is probably guilty of committing the crime.93 (Citations omitted)
A finding of probable cause is determined in relation to the elements of the offense charged.94 We agree with the Ombudsman that petitioner failed to establish the elements of violations of Section 3(e) and (f) of Republic Act No. 3019.
Xxx."
THIRD DIVISION
[ G.R. No. 225565, January 13, 2021 ]
CAMP JOHN HAY DEVELOPMENT CORPORATION, REPRESENTED BY MANUEL T. UBARRA, JR., PETITIONER, VS. OFFICE OF THE OMBUDSMAN, ARNEL PACIANO D. CASANOVA, FELICITO C. PAYUMO, ZORAYDA AMELIA C. ALONZO, TERESITA A. DESIERTO, MA. AURORA GEOTINA-GARCIA, FERDINAND S. GOLEZ, ELMAR M. GOMEZ AND MAXIMO L. SANGIL, RESPONDENTS.
