This case has been cited 1 times or more.
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2014-09-24 |
PEREZ, J. |
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| More so in this instance when the trial court has already taken cognizance and acquired jurisdiction over the criminal cases against petitioners. On more than one occasion, we have declared that while the recommendation of the public prosecutor of the ruling of the DOJ Secretary is persuasive, it is not binding on courts.[14] Here, the trial court abdicated its judicial power and refused to perform a positive duty enjoined by law, which is the independent resolution of the issue of probable cause. It is the court's bounden duty to assess independently the merits of the motion, and the assessment must be embodied in a written order disposing of the motion.[15] The trial court failed in that regard. | |||||