This case has been cited 3 times or more.
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2012-02-28 |
BRION, J. |
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| (d) That the sworn statement or affidavit containing the falsity is required by law or made for a legal purpose.[15] (emphasis ours) | |||||
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2010-09-22 |
PEREZ, J. |
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| Petitioner correctly pointed out that this Court will not ordinarily interfere with the conduct of preliminary investigation and leave to the investigating prosecutor adequate latitude of discretion in the determination of what constitutes sufficient evidence as will establish probable cause for the filing of an information against an offender.[35] Nonetheless, as petitioner himself admitted, the rule applies unless such determination is patently shown to have been made with grave abuse of discretion. Thus, as an exception, this Court may inquire into the determination of probable cause during preliminary investigation if, based on the records, the prosecutor committed grave abuse of discretion.[36] | |||||