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JOSEPH ANTHONY M. ALEJANDRO v. ATTY. JOSE A. BERNAS

This case has been cited 3 times or more.

2015-09-08
PERALTA, J.
Probable cause for purposes of filing a criminal information is defined as such facts as are sufficient 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.[53] As explained in Sy v. Secretary of Justice,[54] citing Villanueva v. Secretary of Justice:[55]
2012-11-28
SERENO, J.
Probable cause, for purposes of filing a criminal information, is described as "such facts as are sufficient 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."[66]
2012-07-11
SERENO, J.
Probable cause for purposes of filing a criminal information is described as "such facts as are sufficient 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."[17] In Alejandro v. Bernas,[18] we further elaborated thus: [Probable cause] is such a state of facts in the mind of the prosecutor as would lead a person of ordinary caution and prudence to believe or entertain an honest or strong suspicion that a thing is so. The term does not mean "actual or positive cause"; nor does it import absolute certainty. It is merely based on opinion and reasonable belief. Thus, a finding of probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged. Precisely, there is a trial for the reception of evidence of the prosecution in support of the charge. (Emphasis supplied)