This case has been cited 2 times or more.
|
2014-04-23 |
ABAD, J. |
||||
| The fact, however, is that Section 1, Rule 122 of the same rules provides that an appeal may be taken in a criminal action from a judgment or final order like the RTC's order dismissing the case against petitioner HPG officers for lack of probable cause. It is a final order since it disposes of the case, terminates the proceedings, and leaves the court with nothing further to do with respect to the case against petitioner HPG officers. The Court had made a similar pronouncement in Santos v. Orda, Jr,[11] Of course, the People may refile the case if new evidence adduced in another preliminary investigation will support the filing of a new information against them. But that is another matter. For now, the CA clearly erred in not denying the petition for being a wrong remedy. | |||||
|
2012-03-20 |
ABAD, J. |
||||
| Probable cause is the same amount of proof required for the filing of a criminal information by the prosecutor and for the issuance of an arrest warrant by a judge. Probable cause has been defined as a "set of facts and circumstances as would lead a reasonably discreet and prudent man to believe that the offense charged in the Information or any offense included therein has been committed by the person sought to be arrested."[44] | |||||