This case has been cited 4 times or more.
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2015-10-21 |
PERLAS-BERNABE, J. |
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| Finally, it was error for the Ombudsman to simply discredit the TWG's findings contained in the Executive Summary which were adopted by the Ad Hoc Committee for being hearsay, self-serving, and of little probative value. It is noteworthy to point out that owing to the initiatory nature of preliminary investigations, the technical rules of evidence should not be applied in the course of its proceedings.[63] In the recent case of Estrada v. Ombudsman,[64] the Court declared that hearsay evidence is admissible in determining probable cause in preliminary investigations because such investigation is merely preliminary, and does not finally adjudicate rights and obligations of parties. Citing a case decided by the Supreme Court of the United States, it was held that probable cause can be established with hearsay evidence, as long as there is substantial basis for crediting the hearsay, viz.: Justice Brion's pronouncement in Unilever that "the determination of probable cause does not depend on the validity or merits of a party's accusation or defense or on the admissibility or veracity of testimonies presented" correctly recognizes the doctrine in the United States that the determination of probable cause can rest partially, or even entirely, on hearsay evidence, as long as the person making the hearsay statement is credible. In United States v. Ventresca, the United States Supreme Court held: | |||||
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2009-12-14 |
CARPIO MORALES, J. |
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| The test in determining the presence of forum shopping is whether in two or more cases pending, there is identity of (1) parties, (2) rights or causes of action, and (3) reliefs sought.[14] | |||||
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2009-03-12 |
CARPIO, J. |
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| 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.[56] Probable cause need not be based on clear and convincing evidence of guilt, or on evidence establishing guilt beyond reasonable doubt, and definitely not on evidence establishing absolute certainty of guilt, but it certainly demands more than bare suspicion and can never be left to presupposition, conjecture, or even convincing logic.[57] | |||||
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2008-12-11 |
NACHURA, J. |
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| However, it is observed that based on the said allegations, the action could still be treated as one for partition or for reconveyance, although it appears to be more in the nature of an action for partition, with reconveyance of the 1/7 claimed share of plaintiff-respondent only as one of the reliefs sought. Nevertheless, the issues joined during the pre-trial of the case readily reveal that they are factual and evidentiary, which can best be passed upon and threshed out during a full-blown trial.[19] To deny plaintiff-respondent the right to present evidence constitutes a denial of due process, as there are issues therein that cannot be resolved without adducing evidence, and this can be done only through a full-blown trial of the case on the merits.[20] | |||||