HEIRS OF THE LATE NESTOR TRIA vs. ATTY. EPIFANIA OBIAS G.R. No. 175887, November 24, 2010

Fact:
Petitioner filed a complaint against the respondent for conspiring in the killing of Nestor Tria. The prosecutor found probably cause in charging the said respondent. The case was subjected to the jurisdictiobn of the RTC. The respondent appealed to the DOJ which was denied. The Respondent appealed to the Office of the President which granted. Petitoner filed a motion for reconsideration but was denied. Hence this case.

Issue:
Whether the court can determine the existence of probably cause

Held:
Yes, Ordinarily, the determination of probable cause is not lodged with this Court. Its duty in an appropriate case is confined to the issue of whether the executive or judicial determination, as the case may be, of probable cause was done without or in excess of jurisdiction or with abuse of discretion amounting to want of jurisdiction. However, this Court may ultimately resolve the existence or non-existence of probable cause by examining the records of the preliminary investigation when necessary for the orderly administration of justice, or to avoid oppression or multiplicity of actions.

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