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Doris Teresa Ho vs. PEOPLE, et al.

DORIS TERESA HO, petitioner vs. PEOPLE OF THE PHILIPPINES (represented by the Office of the Special Prosecutor of the Ombudsman) and the SANDIGANBAYAN (Second Division), respondents.

G.R. No. 106632 | 1997-10-09

D E C I S I O N

PANGANIBAN, J:

May a judge issue a warrant of arrest solely on the basis of the report and recommendation of the investigating prosecutor, without personally determining probable cause by independently examining sufficient evidence submitted by the parties during the preliminary investigation?

The Case

This is the main question raised in these two consolidated petitions for certiorari under Rule 65 of the Rules of Court challenging the Sandiganbayan's August 25, 1992 Resolution 1 which answered the said query in the affirmative.

The Facts

Both petitions have the same factual backdrop. On August 8, 1991, the Anti-Graft...