Santos and Bunda vs. Orda, Jr.

G.R. 189402, May 6, 2010

The first task of a Presiding Judge when an Information is filed with the court is to determine the existence or non-existence of probable cause for the arrest of the accused. Probable cause is such set of facts and circumstances that would lead a reasonably prudent and discreet man to believe that the offense charged in an Information has been committed by the person sought to be arrested. In determining probable cause the average man weighs the facts and circumstances without resorting to the calibrations of the rules of evidence which he has no technical knowledge. He relies on common sense. Probable cause demands more than suspicion; it requires less evidence that would justify conviction.

In this case the RTC reviewed anew the records of the case and made an independent evaluation of the evidence presented to determine the existence or non-existence of probable cause after its first order of dismissal was set aside. After such evaluation, the court found no probable cause based on the four grounds above enumerated. Thus it did not err in finding that no probable cause existed. Neither did it gravely abuse its discretion. There was no hint of whimsicality, or of gross or patent abuse as would amount to an evasion of a positive duty or a virtual refusal to perform a duty required by law or to act at all in contemplation of law, on the part of the presiding Judge. The purpose of first determining probable cause is to insulate from the very start those falsely charged with crimes from the tribulations, expenses and anxiety of public trial.