September 1, 2004. Unsatisfied, Ligaya filed a motion for reconsideration. The Courtfinally resolved petitioners’ motion for reconsideration, holding that the RTC, Branch258, must make an independent evaluation of the records before allowing thewithdrawal of the Informations against petitioners. This impelled Ligaya to file before theRTC, Branch 257, an Urgent Motion to Resolve Anew and on the Merits PreviousMotion to Withdraw Criminal Informations Pursuant to the DOJ Finding on Lack ofProbable Cause. On September 30, 2005, the RTC issued an Order14dismissing thecase for murder, ratiocinating that no probable cause existed to indict them for theircrime. Consequently, it lifted the warrants for their arrests and ordered their immediaterelease from detention. Upon appeal by the respondent, the CA granted the petition. Indisregarding the evidence presented by the prosecution, the CA declared that, indeed,the RTC committed grave abuse of discretion.Issue:whether a special civil action for certiorari under Rule 65 of the Rules of Court isthe correct remedy in assailing the RTC decision allowing the withdrawal of theInformations and consequently dismissing the case for lack of probable cause?Whether or not the the CA erred in finding that there is probable cause in thecase?Held:No. It bears stressing that the Order of the RTC, granting the motion of theprosecution to withdraw the Informations and ordering the case dismissed, is finalbecause it disposed of the case and terminated the proceedings therein, leaving nothingto be done by the court. Thus, the proper remedy is appeal. Yes. The task of the Presiding Judge when an Information is filed with the court isfirst and foremost to determine the existence or non-existence of probable cause for thearrest of the accused. Probable cause is such set of facts and circumstances that wouldlead a reasonably discreet and prudent man to believe that the offense charged in theInformation or any offense included therein has been committed by the person sought tobe arrested. In determining probable cause, the average man weighs the facts andcircumstances without resorting to the calibrations of the rules of evidence of which hehas no technical knowledge. He relies on common sense. A finding of probable causeneeds only to rest on evidence showing that, more likely than not, a crime has been
committed and that it was committed by the accused. Probable cause demands morethan suspicion; it requires less than evidence that would justify conviction. Moreover, when confronted with a motion to withdraw an Information on the ground oflack of probable cause based on a resolution of the DOJ Secretary, the bounden duty ofthe trial court is to make an independent assessment of the merits of such motion.