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244-850099-6. Further,
the
CA
deferred to the DOJs determination
of probable cause for the filing of
an information in court as it is an
executive function and ruled that
the resolutions were not reversible
as PNB was unable to show that
these resolutions of the DOJ were
tainted with grave abuse of
discretion.
SC:
-CA in the instant case
erroneously overlooked vital
factual circumstances that call
for a reversal of its ruling
-And indeed, grave abuse of
discretion attended the decision
to drop the charges against Tria
as there was more than
probable cause to proceed
against him for qualified theft
-the acts of Tria and the relevant
circumstances that led to the
encashment of the check
provide more than sufficient
basis for the finding of probable
cause to file an information
against him and John Doe/Atty.
Reyes for qualified theft. In fact,
it is easy to infer from the
factual milieu of the instant case
the existence of all the elements
necessary for the prosecution of
the crime of qualified theft.