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ROSA H. FENEQUITO v. BERNARDO VERGARA

This case has been cited 7 times or more.

	GR No. 194159 2015-10-21	PCGG v. NAVARRO-GUTIERREZ PERLAS-BERNABE, J.
In this regard, it is worthy to note that the conduct of preliminary investigation proceedings - whether by the Ombudsman or by a public prosecutor - is geared only to determine whether or not probable cause exists to hold an accused-respondent for trial for the supposed crime that he committed. In Fenequito v. Vergara, Jr.,[44] the Court defined probable cause and the parameters in finding the existence thereof in the following manner, to wit: Probable cause, for the purpose of filing a criminal information, has been defined as such facts as are sufficient to engender a well-founded belief that a crime has been committed and that respondent is probably guilty thereof. The term does not mean "actual or positive cause" nor does it import absolute certainty. It is merely based on opinion and reasonable belief. Probable cause does not require an inquiry whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged.
	GR No. 206866 2015-09-02	PHILIPPINE DEPOSIT INSURANCE CORPORATION v. ORLANDO C. CASIMIRO PERLAS-BERNABE, J.
In this regard, it is worthy to note that the conduct of preliminary investigation proceedings - whether by the Ombudsman or by a public prosecutor - is geared only to determine whether or not probable cause exists to hold an accused-respondent for trial for the supposed crime that he committed. In Fenequito v. Vergara, Jr.,[22] the Court defined probable cause and the parameters in finding the existence thereof in the following manner:Probable cause, for the purpose of filing a criminal information, has been defined as such facts as are sufficient to engender a well-founded belief that a crime has been committed and that respondent is probably guilty thereof. The term does not mean "actual or positive cause" nor does it import absolute certainty. It is merely based on opinion and reasonable belief. Probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged.
	GR No. 182926 2015-06-22	ANA LOU B. NAVAJA v. MANUEL A. DE CASTRO PERALTA, J.
On Navaja's argument that the CA's reliance on Labarro's[31] aforesaid statement in upholding the venue of the case violates Section 34, Rule 130 of the Rules of Court,[32] the Court holds that such evidentiary rule has no bearing in determining the place where the crime was committed for purposes of filing a criminal information which merely requires the existence of probable cause. In Fenequito v. Vergara, Jr.,[33] the Court expounded on the concept of probable cause in this wise:Probable cause, for the purpose of filing a criminal information, has been defined as such facts as are sufficient to engender a well-founded belief that a crime has been committed and that respondent is probably guilty thereof. The term does not mean "actual and positive cause" nor does it import absolute certainty. It is merely based on opinion and reasonable belief. Probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged.
	GR No. 168612 2014-12-10	PHILIPPINE ELECTRIC CORPORATION v. CA LEONEN, J.
Appeal is a "statutory privilege,"[85] which may be exercised "only in the manner and in accordance with the provisions of the law."[86] "Perfection of an appeal within the reglementary period is not only mandatory but also jurisdictional so that failure to do so rendered the decision final and executory, and deprives the appellate court of jurisdiction to alter the final judgment much less to entertain the appeal."[87]
	GR No. 184536 2013-08-14	MASAYUKI HASEGAWA v. LEILA F. GIRON PEREZ, J.
A finding of probable cause needs only to rest on evidence showing that, more likely than not, a crime has been committed by the suspects. It need not be based on clear and convincing evidence of guilt, not on evidence establishing guilt beyond reasonable doubt, and definitely not on evidence establishing absolute certainty of guilt. In determining probable cause, the average man weighs facts and circumstances without resorting to the calibrations of the rules of evidence of which he has no technical knowledge. He relies on common sense. What is determined is whether there is sufficient ground to engender a well-founded belief that a crime has been committed, and that the accused is probably guilty thereof and should be held for trial. It does not require an inquiry as to whether there is sufficient evidence to secure a conviction.[20]
	GR No. 182130 2013-06-19	IRIS KRISTINE BALOIS ALBERTO v. CA PERLAS-BERNABE, J.
To note, probable cause, for the purpose of filing a criminal information, exists when the facts are sufficient to engender a well-founded belief that a crime has been committed and that the respondent is probably guilty thereof. It does not mean "actual and positive cause" nor does it import absolute certainty. Rather, it is merely based on opinion and reasonable belief. Accordingly, probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction; it is enough that it is believed that the act or omission complained of constitutes the offense charged.[73] As pronounced in Reyes v. Pearlbank Securities, Inc.:[74]