This case has been cited 2 times or more.
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2015-10-21 |
PERLAS-BERNABE, J. |
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| In this case, assuming arguendo that the factual findings contained in the Executive Summary prepared by the TWG from which the Ad Hoc Committee based its conclusions are indeed hearsay, self-serving, and of little probative value, there is nevertheless substantial basis to credit the same, as such factual findings appear to be based on official documents prepared by DBP itself in connection with the behest loans it allegedly extended in favor of Galleon. In this regard, it must be emphasized that in determining the elements of the crime charged for purposes of arriving at a finding of probable cause, only facts sufficient to support a prima facie case against the respondents are required, not absolute certainty. Probable cause implies mere probability of guilt, i.e., a finding based on more than bare suspicion, but less than evidence that would justify a conviction.[66] To reiterate, the validity of the merits of a party's defense or accusations and the admissibility of testimonies and evidences are better ventilated during the trial stage than in the preliminary stage.[67] | |||||
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2015-09-02 |
PERLAS-BERNABE, J. |
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| In this case, assuming arguendo that Gomez's statements, as written in her affidavit are indeed hearsay, there is nevertheless substantial basis to credit the same, considering that she was a former Cashier, Service Officer, and Treasurer of BDBI - a high-ranking officer that may be privy to delicate transactions such as the purported "under-the-table" deal involving private respondents. In this regard, it must be emphasized that in determining the elements of the crime charged for purposes of arriving at a finding of probable cause, only facts sufficient to support a prima facie case against the respondents are required, not absolute certainty. Probable cause implies mere probability of guilt, i.e., a finding based on more than bare suspicion but less than evidence that would justify a conviction.[35] To reiterate, the validity of the merits of a party's defense or accusations as well as the admissibility of testimonies and evidences are better ventilated during the trial stage than in the preliminary stage.[36] | |||||