Paderanga v. Drilon, GR 96080, 19 April 1991
In this special civil action for mandamus and prohibition with prayer for a writ of preliminary injunction/restraining order, petitioner seeks to enjoin herein public respondents from including the former as an accused in Criminal Case No. 86-39 for... multiple murder, through a second amended information, and to restrain them from prosecuting him.
In an amended information filed on October 6, 1988, Felizardo Roxas, alias "Ely Roxas," "Fely Roxas" and "Lolong Roxas," was included as a co-accused. Roxas retained petitioner Paderanga as his counsel.
As counsel for Roxas, petitioner filed, among others, an Omnibus Motion to Dismiss, to Quash the Warrant of Arrest and to Nullify the Arraignment on October 14, 1988. The trial court, in an order dated January 9, 1989, denied this omnibus motion but directed the City
Prosecutor "to conduct another preliminary investigation or reinvestigation in order to grant the accused all the opportunity to adduce whatever evidence he has in support of his defense."
In the course of the preliminary investigation, through a signed affidavit, Felizardo Roxas implicated herein petitioner in the commission of the crime charged.
Whether the Fiscal have the jurisdiction to determine the probable cause of the accused
Yes, Preliminary investigation is generally inquisitorial, and it is often the only means of discovering the persons who may be reasonably charged with a crime, to enable the fiscal to prepare his complaint or information. It is not a trial of the case on the merits and has no purpose except that of determining whether a crime has been committed and whether there is probable cause to believe that the accused is guilty thereof, and it does not place the person against whom it is taken in jeopardy. The institution of a criminal action depends upon the sound discretion of the fiscal. He has the quasi-judicial discretion to determine whether or not a criminal case should be filed in court.
Hence, the general rule is that an injunction will not be granted to restrain a criminal prosecution. The fiscal has the discretion to determine whether or not he will propound these questions to the parties or witnesses concerned