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    Motion For Determination of Probable Cause Blank

    Uploaded by

    Francis Xavier Sinon
    This document is a "Motion for Determination of Probable Cause" filed by the accused in a criminal case. It requests that the court evaluate the evidence and resolve whether there is probable cause, as required by law. If the court finds no probable cause based on insufficient evidence, it must dismiss the case immediately. The accused argues that the evidence currently on record fails to establish probable cause, so the case should be dismissed to promote the interests of justice.

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    Motion For Determination of Probable Cause Blank

    Uploaded by

    Francis Xavier Sinon
    879 views2 pages
    This document is a "Motion for Determination of Probable Cause" filed by the accused in a criminal case. It requests that the court evaluate the evidence and resolve whether there is probable cause, as required by law. If the court finds no probable cause based on insufficient evidence, it must dismiss the case immediately. The accused argues that the evidence currently on record fails to establish probable cause, so the case should be dismissed to promote the interests of justice.

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    Motion for determination of probable cause sample

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    Motion for Determination of Probable Cause Blank

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    This document is a "Motion for Determination of Probable Cause" filed by the accused in a criminal case. It requests that the court evaluate the evidence and resolve whether there is probable cause, as required by law. If the court finds no probable cause based on insufficient evidence, it must dismiss the case immediately. The accused argues that the evidence currently on record fails to establish probable cause, so the case should be dismissed to promote the interests of justice.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    879 views2 pages

    Motion For Determination of Probable Cause Blank

    Uploaded by

    Francis Xavier Sinon
    This document is a "Motion for Determination of Probable Cause" filed by the accused in a criminal case. It requests that the court evaluate the evidence and resolve whether there is probable cause, as required by law. If the court finds no probable cause based on insufficient evidence, it must dismiss the case immediately. The accused argues that the evidence currently on record fails to establish probable cause, so the case should be dismissed to promote the interests of justice.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    Republic of the Philippines

    REGIONAL TRIAL COURT


    9th Judicial Region
    Branch ____
    Zamboanga City

    PEOPLE OF THE PHILIPPINES Crim. Case No. _______


    - Plaintiff,

    - versus - -for-

    xxx xxx
    - Accused.
    x---------------------------x

    MOTION FOR DETERMINATION OF


    PROBABLE CAUSE

    COMES NOW herein Accused-Movant, xxx, through counsel,


    unto this Honorable Court, most respectfully submits his Motion for
    Determination of Probable Cause, and hereby states that:
    1. That on xxx, Inquest Prosecutor xxx, issued its Inquest
    Resolution, which read as follows:
    xxx
    2. That a Motion for Judicial Determination of Probable Cause is
    akin to a Motion for the conduct of preliminary investigation,
    the purpose of which is to determine the existence of probable
    cause. (Redulla vs. Sandinganbayan, 517 SCRA 110);
    3. Section 6, Rule 112 of the Revised Rules of Criminal Procedure
    provides:
    Sec. 6. When warrant of arrest may issue. (a) By
    the Regional Trial Court. Within ten (10) days from the
    filing of the complaint or information, the judge shall
    personally evaluate the resolution of the prosecutor and its
    supporting evidence. He may immediately dismiss the case
    if the evidence on record clearly fails to establish probable
    cause. If he finds probable cause, he shall issue a warrant
    of arrest, or a commitment order if the accused has already
    been arrested pursuant to a warrant issued by the judge
    who conducted the preliminary investigation or when the
    complaint or information was filed pursuant to section 7 of
    this Rule. In case of doubt on the existence of probable
    cause, the judge may order the prosecutor to present
    1
    additional evidence within five (5) days from notice and the
    issuance must be resolved by the court within thirty (30)
    days from the filing of the complaint or information.

    4. Our Supreme Court ruled, that The trial Court is mandated to


    immediately dismiss the case upon finding that no probable
    cause exist. The absence of probable cause is not a ground for
    quashal of Information but is a ground for the dismissal of the
    case (People vs. Sandiganbayan, 439, SCRA 340);
    5. Under a milieu of insufficient evidence on record to establish
    probable cause, the aforequoted rule clearly set a guide to cause
    the dismissal of the above-captioned case;
    6. Filing of the instant Motion is purposely intended to promote the
    interest of justice and not to unduly delay the proceedings in the
    instant case.
    WHEREFORE, premises considered, herein Accused, through
    counsel, most respectfully pray to this Honorable Court to resolve on the
    instant Motion by causing the immediate dismissal of the above-entitled
    case because the evidence on record failed to establish probable cause,
    and to grant whatever legal relief and remedies that are just and equitable
    under the circumstances.

    Zamboanga City, Philippines, ___________.

    ATTY. xxx
    xxx
    P.T.R. No. xxx
    I.B.P. No. xxx
    Roll of Attorney No. xxx
    M.C.L.E. Compliance No. xxx

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