This case has been cited 3 times or more.
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2016-02-03 |
PERLAS-BERNABE, J. |
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| Pertinently, the Court declared in Santos-Dio v. CA[43] (Santos-Dio) that while a judge's determination of probable cause is generally confined to the limited purpose of issuing arrest warrants, he is nonetheless authorized under Section 5 (a),[44] Rule 112 of the Revised Rules of Criminal Procedure to immediately dismiss the case if the evidence on record clearly fails to establish probable cause. Thus:In this regard, so as not to transgress the public prosecutor's authority, it must be stressed that the judge's dismissal of a case must be done only in clear-cut cases when the evidence on record plainly fails to establish probable cause - that is when the records readily show uncontroverted, and thus, established facts which unmistakably negate the existence of the elements of the crime charged. On the contrary, if the evidence on record shows that, more likely than not, the crime charged has been committed and that respondent is probably guilty of the same, the judge should not dismiss the case and thereon, order the parties to proceed to trial. In doubtful cases, however, the appropriate course of action would be to order the presentation of additional evidence.[45] (Emphasis supplied) | |||||
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2013-08-07 |
PERLAS-BERNABE, J. |
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| It must, however, be observed that the judge's power to immediately dismiss a criminal case would only be warranted when the lack of probable cause is clear. In De Los Santos-Dio v. CA,[31] the Court illumined that a clear-cut case of lack of probable cause exists when the records readily show uncontroverted, and thus, established facts which unmistakably negate the existence of the elements of the crime charged, viz:While a judge's determination of probable cause is generally confined to the limited purpose of issuing arrest warrants, Section 5(a), Rule 112 of the Revised Rules of Criminal Procedure explicitly states that a judge may immediately dismiss a case if the evidence on record clearly fails to establish probable cause x x x. | |||||