This case has been cited 1 times or more.
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2004-12-16 |
GARCIA, J. |
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| Moreover, having conducted the preliminary investigation, respondent judge has no legal authority to determine the character of the crime and, regardless of his belief as to the nature of the offense committed, his only duty after conducting the preliminary investigation is to transmit to the provincial prosecutor his resolution of the case together with the entire records of the same.[20] The rationale for this is after the preliminary investigation by the municipal judge, it could very well happen that the prosecution may have gathered such other evidence, in addition to or in connection with that which he already has, which when taken together, are sufficiently strong to prove the guilt of the accused of a capital offense.[21] | |||||