Personal determination by a Judge

PADERANGA vs DRILON
FACTS:
Definition of Preliminary Examination

Generally inquisitorial, often only means of discovering thepersons who may

be reasonably charged with a crime, to enable the fiscal to prepare his
complaint or information.The institution of a criminal action depends upon
the sound discretion of the Fiscal. He has thequasi-judicial discretion to
determine wither or not a criminal case should be filed in Court.
General Rule:
Injunction will not be granted to restrain a criminal prosecution
Exception (Brocka vs Enrile):
1.
Afford adequate protection to the constitutional rights of the accused2.
Necessary for the orderly administration of justice or to avoid oppression or
multiplicity of actions3.
When there is a prejudicial question4.
When the acts of the officers are without or excess of authority5.
Double jeopardy is clearly apparent 6.
When the Court has no jurisdiction over the offense7.
A case of persecution rather than prosecution8.
The charges are manifestly false and motivated by vengeance9.
Clearly no Prima Facie case against the accused
The right of the accused to ask clarificatory questions is not ABSOLUTE.
QUANTUM OF EVIDENCE required in preliminary investigation is such such
evidence sufficient to
engender a well
-founded belief as to the fact of the omission of a crime and respondents
probableguilt.