Practice question
A PHDO-specific probable-cause finding is invoked as a final instruction to the prosecutor to disregard the respondent’s counter-affidavit. Explain Section 5’s separation between the judicial PHDO inquiry and the prosecutor’s full preliminary-investigation determination.
Legal references
- Supreme Court A.M. No. 18-07-05-SC, August 7, 2018, Rule on Precautionary Hold Departure Order, Sections 2-8, quoted in Garcia v. Sandiganbayan, G.R. Nos. 205904-06, October 17, 2018, main decision: https://lawphil.net/judjuris/juri2018/oct2018/gr_205904-06_2018.html
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