CRIM PRO BORLONGAN JR VS PEÑA

THE PROSECUTOR IS NOT MANDATED TO REQUIRE THE RES PONDENT TO SUBMIT HIS COUNTER-AFFIDAVITS TO OPPOSE THE COMPLAINT:

     While probable cause should first be determined before an information may be filed in court, the prosecutor is not mandated to require the respondent to submit his counter-affidavits to oppose the complaint. In the determination of probable cause, the prosecutor may solely rely on the complaint, affidavits and other supporting documents submitted by the complainant. If he does not find probable cause, the prosecutor may dismiss outright the complaint or if he finds probable cause or sufficient reason to proceed with the case, he shall issue a resolution and file the corresponding information (TEODORO C. BORLONGAN, JR. ET AL. VS. MAGDALENO M. PEÑA, ET AL. G.R. NO. 143591, MAY 5, 2010, SECOND DIVISION, PEREZ, J.).