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The determination of probable cause during a preliminary investigation is a function that belongs to the public prosecutor. It is an executive function, 9 the correctness of the exercise of which is matter
that the trial court itself does not and may not be compelled to pass upon.
December 4, 2002
PEOPLE OF THE PHILIPPINES, appellee, vs. ROGELIO BITANCOR alias "BOY," appellan
Denial is inherently a weak defense which cannot outweigh positive testimony.17 As between a categorical statement that has the earmarks of truth on the one hand and bare denial, on the other, the former is generally held to prevail.