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    Probable Cause: MY VIEWPOINT by Ricardo V. Puno, Jr. The Philippine Star 06/03/2006

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    The article discusses the concept of "probable cause" in the context of two recent high-profile court cases in the Philippines where judges found probable cause to proceed with cases and deny motions to dismiss. It defines probable cause as reasonable grounds to suspect that a person has committed a crime. A finding of probable cause does not mean guilt is established, but allows a case to proceed to trial where innocence can be pleaded. It is a determination made personally by judges based on evidence presented to them.

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    Probable Cause: MY VIEWPOINT by Ricardo V. Puno, Jr. The Philippine Star 06/03/2006

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    IamJD13
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    The article discusses the concept of "probable cause" in the context of two recent high-profile court cases in the Philippines where judges found probable cause to proceed with cases and deny motions to dismiss. It defines probable cause as reasonable grounds to suspect that a person has committed a crime. A finding of probable cause does not mean guilt is established, but allows a case to proceed to trial where innocence can be pleaded. It is a determination made personally by judges based on evidence presented to them.

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    The article discusses the concept of "probable cause" in the context of two recent high-profile court cases in the Philippines where judges found probable cause to proceed with cases and deny motions to dismiss. It defines probable cause as reasonable grounds to suspect that a person has committed a crime. A finding of probable cause does not mean guilt is established, but allows a case to proceed to trial where innocence can be pleaded. It is a determination made personally by judges based on evidence presented to them.

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    Attribution Non-Commercial (BY-NC)
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    Download as doc, pdf, or txt
    29 views2 pages

    Probable Cause: MY VIEWPOINT by Ricardo V. Puno, Jr. The Philippine Star 06/03/2006

    Uploaded by

    IamJD13
    The article discusses the concept of "probable cause" in the context of two recent high-profile court cases in the Philippines where judges found probable cause to proceed with cases and deny motions to dismiss. It defines probable cause as reasonable grounds to suspect that a person has committed a crime. A finding of probable cause does not mean guilt is established, but allows a case to proceed to trial where innocence can be pleaded. It is a determination made personally by judges based on evidence presented to them.

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    Probable cause

    MY VIEWPOINT By Ricardo V. Puno, Jr. The Philippine Star !" #"$ !

    In at lea%t t&o ca%e% thi% pa%t &ee', the concept o( )pro*a*le cau%e) ha% *een in the headline%, in the conte+t o( a court re(u%in, to di%-i%% a ca%e and re%ol.in, to proceed &ith it and -o.e to arrai,n-ent, &here an accu%ed can plead hi% innocence and ,uilt, and then to trial. But *ecau%e *oth &ere hi,h/pro(ile ca%e%, and the rulin,% &ere attended *y %o-e&hat noi%y prote%t% *y the accu%ed and their %upporter%, the notion o( pro*a*le cau%e need% to *e re.i%ited. One ca%e &a%, o( cour%e, that o( 0na'pa&i% Repre%entati.e 1ri%pin Beltran and hi% co/accu%ed Ma,dalo leader 2ir%t 3ieutenant 3a&rence San Juan. The other &a% one a-on, %e.eral li*el ca%e% (iled a,ain%t leader% o( the Parent% Ena*lin, Parent% 4PEP5 1oalition, a ,roup o( plan holder% &ho%e children alle,edly lo%t educational *ene(it% purcha%ed (ro- the (inancially/%trapped Paci(ic Plan% Inc. 4PPI5. The Ma'ati Re,ional Trial 1ourt Branch 678, &ith Jud,e Encarnacion Moya pre%idin,, upheld the &arrantle%% arre%t% o( Beltran and San Juan *y (indin, pro*a*le cau%e that they had co--itted the cri-e o( re*ellion &hich, incidentally, i% non/*aila*le. Se.eral court% in Ma'ati, includin, Jud,e Moya9% *ranch, (ound pro*a*le cau%e that the PEP leader% had co--itted the cri-e o( li*el, and %et *ail at P6 , per accu%ed. But %ince the co-plainant%, -e-*er% o( the Yuchen,co (a-ily, had (iled %o-ethin, li'e 6# li*el ca%e% %prin'led throu,hout the Ma'ati court%, each PEP accu%ed ha% to *e ready to cou,h up P6# , each to a.oid arre%t and con(ine-ent at the Ma'ati city :ail. Ne&ly/-inted philanthropi%t Mar' Ji-ene;, &ho hate% politic% and i% not runnin, (or any pu*lic o((ice, then ca-e to the re%cue &ith pled,e% o( P8 -illion. Thu%, the PEP o((icer% &ill *e a*le to po%t *ail and, -ore i-portantly, pro.ide tuition (und% (or %e.eral PPI plan holder% le(t holdin, the *a,. The irony o( the (ate o( the PEP leader% i%, o( cour%e, un-i%ta'a*le. Their o&n ca%e (or )%yndicated plunder) a,ain%t PPI, it% a((iliated co-panie% and o&ner% 4the Yuchen,co (a-ily5, ha% not pro,re%%ed at the %a-e *reathle%% pace a% the li*el ca%e%. But that9% a -atter (or another colu-n. 0l%o, %ince the Beltran"San Juan and PEP 1oalition ca%e% are %u* :udice, &e &on9t di%cu%% the le,al i%%ue% in *oth. Still, &e can di%cu%% the notion o( )pro*a*le cau%e,) e%pecially in li,ht o( the reaction% o( the di%ad.anta,ed partie%. Beltran9% la&yer%, (or in%tance, rue the a*%ence o( any -eanin,(ul di%cu%%ion in Jud,e Moya9% ):udicial deter-ination) o( pro*a*le cau%e. The PEP leader% interpret the )one/%ided) (indin,% o( )pro*a*le cau%e) a% :udicial *le%%in, o( the alle,ed (raud perpetrated *y a ,iant *u%ine%% enterpri%e &hich too' their -oney *ut rene,ed on contractual o*li,ation%. The pro*le-, &hich i% o*.iou%ly di((icult to %ee i( one i% under detention or i% the %u*:ect o( a &arrant o( arre%t, i% that )pro*a*le cau%e) doe% not (inally re%ol.e any o( the i%%ue% in a ca%e. Much le%% i% it a :ud,-ent (indin, an accu%ed ,uilty o( a cri-e. What then i% )pro*a*le cau%e)< 0 (ailure to ,ra%p the concept ha% ad-ittedly led to con%idera*le ,rie( and an,er on the part o( an accu%ed &ho %taunchly -aintain% hi% innocence and i% ea,er to put an end to an unde%er.ed ordeal he i% con.inced either a .iciou% ,o.ern-ent or a callou% *u%ine%% ,iant i% in(lictin, on hi-. In the %en%e in &hich &e are con%iderin, it 4a% di%tin,ui%hed, %ay, (ro- pro*a*le cau%e (or a %earch &arrant5, Blac'9% 3a& =ictionary %i-ply de(ine% it a% )a rea%ona*le ,round to %u%pect that a per%on ha% co--itted or i% co--ittin, a cri-e.) 2urther, pro*a*le cau%e a-ount% to -ore than a *are %u%picion *ut le%% than e.idence that &ould :u%ti(y a con.iction and -u%t *e %ho&n *e(ore an arre%t &arrant -ay *e i%%ued. Joa>uin Berna%, S.J., in hi% *oo' on the 6?@A Philippine 1on%titution, >uote% a Bnited State% Supre-e 1ourt ca%e &hich teache% that )4i5n dealin, &ith pro*a*le cau%e, &e deal &ith pro*a*ilitie%. The%e are not technicalC they are the (actual and practical con%ideration% o( e.eryday li(e on &hich rea%ona*le and prudent -en, not le,al technician% act.)

    2r. Berna%, citin, %e.eral Philippine ca%e%, di%till% the rule, a% (ollo&%D Pro*a*le cau%e (or an arre%t or the i%%uance o( a &arrant o( arre%t &ould -ean %uch (act% and circu-%tance% &hich &ould lead a rea%ona*ly di%creet and prudent -an to *elie.e that an o((en%e ha% *een co--itted *y the per%on %ou,ht to *e arre%ted.) Who -a'e% the deter-ination o( )pro*a*le cau%e)< Well, under our 6?@A 1on%titution, )no E&arrant o( arre%t %hall i%%ue e+cept upon pro*a*le cau%e to *e deter-ined per%onally *y the :ud,e a(ter e+a-ination under oath or a((ir-ation o( the co-plainant and the &itne%%e% he -ay produce9) 40rticle III. Section $5. You ,et the idea. The i%%uance o( a &arrant o( arre%t, a% in the Beltran"San Juan ca%e or the PEP ca%e%, doe% not re>uire that %u((icient e.idence *e on the record to %upport a con.iction. In (act, in *oth ca%e%, trial ha% not e.en *e,un. 0t the trial, all the accu%ed could *e ac>uitted. Thi% doe% not -ean that their arre%t &a% ille,al or i-proper. On the other hand, the 1on%titution al%o ,uarantee% a ri,ht to *ail to all accu%ed *e(ore con.iction e+cept tho%e char,ed &ith a capital o((en%e &hen the e.idence o( ,uilt i% %tron, 40rticle III, Section 6#5. Si-ilarly, under the Rule% o( 1ourt, *ail i% a -atter o( ri,ht *e(ore or a(ter con.iction *y a -etropolitan or -unicipal trial court, and *e(ore con.iction *y a re,ional trial court o( an o((en%e not puni%ha*le *y death or li(e i-pri%on-ent. Thi% i% the &ay the %y%te- &or'%. 0lthou,h the la& al%o allo&% (or appeal% o( :ud,-ent% and (inal order% o( court%, there i% no >ue%tion that (indin,% o( pro*a*le cau%e, &hich :u%ti(y arre%t% &ith and &ithout &arrant%, can -a'e the li.e% o( innocent per%on% -i%era*le and a,,ra.ate in:u%tice% &hich ha.e already *een perpetrated. Rationali;in, -i%ta'e% or in:u%tice% on the ,round that a :ud,e, &ho per%onally deter-ine% pro*a*le cau%e, i% )only hu-an) and can *e dead &ron, in appreciatin, the e.idence and &itne%%e% *e(ore hi- doe% little to a%%ua,e the hurt and da-a,e cau%ed. Nor doe% it help -atter% -uch to intone that )dura le+, %ed le+,) or the la& -ay *e har%h *ut that i% the la&. The ar,u-ent a,ain%t that le,al trui%- i% o(ten that the la& ha% *eco-e %o har%h, and i% already %o hea.ily tilted in (a.or o( e%ta*li%hed authority, that the po%%i*ility o( a*u%e ha% increa%ed %u*%tantially. But that ar,u-ent pre%uppo%e% that la& en(orcer% and :ud,e% are en,a,ed in a con%piracy to .iolate hu-an ri,ht%, and e.en that the %tate u%e% the :u%tice %y%te- to rationali;e *latant .iolation% o( li*ertie%. 0lthou,h it &on9t *e the (ir%t ti-e that ar,u-ent, &ith the nece%%ary %uppo%ition i% -ade, it &ould *e, %o (ar any&ay, a hu,e %tretch. But &hat it doe% a((ir- i% that the people9% de(en%e o( their *a%ic ri,ht% i% a ne.er/ endin, %tru,,le.

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