This case has been cited 3 times or more.
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2013-03-20 |
BERSAMIN, J. |
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| A preliminary investigation, according to Section 1, Rule 112 of the Rules of Court, is "an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial." The investigation is advisedly called preliminary, because it is yet to be followed by the trial proper in a court of law. The occasion is not for the full and exhaustive display of the parties' evidence but for the presentation only of such evidence as may engender a well-founded belief that an offense has been committed and that the accused is probably guilty of the offense.[16] The role and object of preliminary investigation were "to secure the innocent against hasty, malicious, and oppressive prosecutions, and to protect him from open and public accusation of crime, from the trouble, expenses and anxiety of a public trial, and also to protect the State from useless and expensive prosecutions."[17] | |||||
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2004-06-21 |
CARPIO, J. |
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| Petitioner cannot also compel the Ombudsman to order the production of certain documents,[18] if in the Ombudsman's judgment such documents are not necessary to establish probable cause against respondents.[19] The Court cannot interfere with the Ombudsman's discretion in determining the adequacy or inadequacy of the evidence before him. The investigation is advisedly called preliminary, as it is yet to be followed by the trial proper. The occasion is not for the full and exhaustive display of the parties' evidence but for the presentation of such evidence only as may engender a well-founded belief that an offense has been committed and that the accused is probably guilty of the offense.[20] | |||||