Lawyerly

You're currently signed in as:
User

PEOPLE v. JESSIE B. CASTILLO

This case has been cited 4 times or more.

	GR No. 170046 2014-12-10	PEOPLE v. MAXIMO A. BORJE PERALTA, J.
It is well to recall that there are two kinds of determination of probable cause: executive and judicial. On the one hand, executive determination of probable cause ascertains whether a criminal case must be filed in court.[11] It is a function that properly pertains to the public prosecutor who is given a broad discretion to determine whether probable cause exists and to charge those whom he believes to have committed the crime as defined by law and should be held for trial.[12] On the other hand, judicial determination of probable cause ascertains whether a warrant of arrest should be issued against the accused. It is one made by a judge who must satisfy himself that based on the evidence presented, there is necessity in placing the accused under custody so that the ends of justice will not be frustrated.[13]
	GR No. 183345 2014-09-17	MA. GRACIA HAO v. PEOPLE BRION, J.
In People v. Castillo and Mejia,[43] we explained the distinction between the two kinds of probable cause determination: There are two kinds of determination of probable cause: executive and judicial. The executive determination of probable cause is one made during preliminary investigation. It is a function that properly pertains to the public prosecutor who is given a broad discretion to determine whether probable cause exists and to charge those whom he believes to have committed the crime as defined by law and thus should be held for trial. Otherwise stated, such official has the quasi-judicial authority to determine whether or not a criminal case must be filed in court. Whether or not that function has been correctly discharged by the public prosecutor, i.e., whether or not he has made a correct ascertainment of the existence of probable cause in a case, is a matter that the trial court itself does not and may not be compelled to pass upon.
	GR No. 178947 2013-06-26	VIRGINIA DE LOS SANTOSDIO v. CA PERLAS-BERNABE, J.
Determination of probable cause may be either executive or judicial. The first is made by the public prosecutor, during a preliminary investigation, where he is given broad discretion to determine whether probable cause exists for the purpose of filing a criminal information in court. Whether or not that function has been correctly discharged by the public prosecutor, i.e., whether or not he has made a correct ascertainment of the existence of probable cause in a case, is a matter that the trial court itself does not and may not be compelled to pass upon.[47]
	GR No. 182677 2010-08-03	JOSE ANTONIO C. LEVISTE v. ELMO M. ALAMEDA CARPIO MORALES, J.
There are two kinds of determination of probable cause: executive and judicial. The executive determination of probable cause is one made during preliminary investigation. It is a function that properly pertains to the public prosecutor who is given a broad discretion to determine whether probable cause exists and to charge those whom he believes to have committed the crime as defined by law and thus should be held for trial. Otherwise stated, such official has the quasi-judicial authority to determine whether or not a criminal case must be filed in court. Whether that function has been correctly discharged by the public prosecutor, i.e., whether he has made a correct ascertainment of the existence of probable cause in a case, is a matter that the trial court itself does not and may not be compelled to pass upon.[77]