This case has been cited 3 times or more.
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2016-01-12 |
SERENO, C.J. |
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| Hence, the duty to faithfully execute the laws of the land is inherent in executive power and is intimately related to the other executive functions. These functions include the faithful execution of the law in autonomous regions;[152] the right to prosecute crimes;[153] the implementation of transportation projects;[154] the duty to ensure compliance with treaties, executive agreements and executive orders;[155] the authority to deport undesirable aliens;[156] the conferment of national awards under the President's jurisdiction;[157] and the overall administration and control of the executive department.[158] | |||||
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2008-03-14 |
NACHURA, J. |
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| Albeit the findings of the Justice Secretary are not absolute and are subject to judicial review, this Court generally adheres to the policy of non-interference in the conduct of preliminary investigations, particularly when the said findings are well-supported by the facts as established by the evidence on record.[22] Absent any showing of arbitrariness on the part of the prosecutor or any other officer authorized to conduct preliminary investigation, courts as a rule must defer to said officer's finding and determination of probable cause, since the determination of the existence of probable cause is the function of the prosecutor.[23] Simply stated, findings of the Secretary of Justice are not subject to review, unless made with grave abuse of discretion.[24] As held in one case:The general rule is that the courts do not interfere with the discretion of the public prosecutor in determining the specificity and adequacy of the averments in a criminal complaint. The determination of probable cause for the purpose of filing an information in court is an executive function which pertains at the first instance to the public prosecutor and then to the Secretary of Justice. The duty of the Court in appropriate cases is merely to determine whether the executive determination was done without or in excess of jurisdiction or with grave abuse of discretion. Resolutions of the Secretary of Justice are not subject to review unless made with grave abuse.[25] Thus, the findings of the Justice Secretary may be reviewed through a petition for certiorari under Rule 65 based on the allegation that he acted with grave abuse of discretion.[26] This remedy is available to the aggrieved party. | |||||
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2008-03-14 |
AUSTRIA-MARTINEZ, J. |
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| We applied the same rule just recently to Ilusorio v. Ilusorio,[37] which involved a criminal complaint for robbery and qualified trespass. | |||||