Practice question
Does the judge’s PHDO-specific probable-cause finding conclusively dictate the prosecutor’s later resolution of the preliminary investigation?
- Yes; the prosecutor must stop considering all counter-evidence.
- Yes; the PHDO is a final criminal conviction.
- No; Section 5 states that the finding is without prejudice to the prosecutor’s resolution on the preliminary-investigation evidence.
- Yes; it automatically creates a final information in every court.
- No, because the judge need make no finding at all.
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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