The Department of Justice similarly finds that there has been no crime of

The department of justice similarly finds that there

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dismissal. The Department of Justice similarly finds that there has been no crime of estafa. A Motion for Reconsideration was filed by petitioner, but the same was denied. Aggrieved, petitioner went to the CA by filing a Petition for Certiorari & Mandamus. ISSUE: Whether a judicial review is allowed after prosecutor’s finding of probable cause during preliminary investigation. RULING: YES. Determination of the probable cause, a function belonging to the public prosecutor; judicial review is allowed where it has been clearly established that the prosecutor committed grave abuse of discretion. In a preliminary investigation, a public prosecutor determines whether a crime has been committed and whether there is probable cause that the accused is guilty thereof. The Secretary of Justice, however, may review or modify the resolution of the prosecutor. Generally, a public prosecutor is afforded a wide latitude of discretion in the conduct of a preliminary investigation. By way of exception, however, judicial review is allowed where respondent has clearly established that the prosecutor committed grave abuse of discretion that is, when he has exercised his discretion in an arbitrary, capricious, whimsical or despotic manner by reason of passion or personal hostility, patent and gross enough as to amount to an evasion of a positive duty or virtual refusal to perform a duty enjoined by law. Tested against these guidelines, we find that this case falls under the exception rather than the general rule.
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