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Roberts, Jr. vs. Court of Appeals [SEPARATE OPINION, CONCURRING, NARVASA, C.J.]

PAUL G. ROBERTS, JR., RODOLFO C. SALAZAR, LUIS LORENZO, SR., LUIS LORENZO, JR., AMAURY R. GUTIERREZ, BAYANI N. FABIC, JOSE YULO, JR., ESTEBAN B. PALANNUAYAN, and WONG FONG FUI, petitioners, vs. THE COURT OF APPEALS, THE HON. MAXIMIANO ASUNCION, in his capacity as the Presiding Judge of the Regional Trial Court, Quezon City, Branch 104, HON. APOLINARIO G. EXEVEA, HON. HENRICK F. GINGOYON, and HON. PHILIP A. AGUINALDO, in their capacities as Members of the Department of Judge “349” Committee, and the CITY PROSECUTOR OF QUEZON CITY, respondents. / ROBERTO DELGADO, petitioner-intervenor.

G.R. No. 113930 | 1996-03-05

SEPARATE OPINION

NARVASA, C.J.:

I agree with the disposition of the case proposed by Mr. Justice Hilario G. Davide in his dissenting opinion, that the determination of whether or not probable cause exists to warrant the prosecution in court of the petitioners should be consigned and entrusted to the Department of Justice, as reviewer of the findings of the public prosecutors concerned.

In this special civil action, this Court is being asked to assume the function of a public prosecutor. It is being asked to determine whether probable cause exists as regards petitioners. More concretely, the Court is being asked to examine and assess such...