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G.R. No. 178511 December 4, 2008

MA. BELEN FLORDELIZA C. ANG-ABAYA, FRANCIS JASON A. ANG, HANNAH ZORAYDA A.

ANG, and VICENTE G. GENATO, petitioners,vs.EDUARDO G. ANG, respondent.

In the instant case, the Court finds that the Court of Appeals erred in declaring that the Secretary ofJustice exceeded his authority when he conducted an inquiry on the petitioners defense of improperuse and motive on Eduardos part. As a necessary element in the offense of refusal to honor astockholder/members right to inspect the corporate books/records, it was incumbent upon theSecretary of Justice to determine that all the elements which constitute said offense are present, inline with our ruling in Duterte v. Sandiganbayan.

Due process, in the instant case, requires that an inquiry into the motive behind Eduardos attempt atinspection should have been made even during the preliminary investigation stage, just as soon aspetitioners set up the defense of improper use and motive

Perez v. Ombudsman, G.R. No. 131445, May 27, 2004, 429 SCRA 357

A preliminary investigation is in effect a realistic judicial appraisal of the merits of the case; sufficientproof of the guilt of the criminal respondent must be adduced so that when the case is tried, the trialcourt may not be bound, as a matter of law, to order an acquittal.35

Okabe v. Judge Gutierrez, G.R. No. 150185, May 27, 2004

After all, the purpose of preliminary investigation is not only to determine whether there is sufficientground to engender a well-founded belief that a crime has been committed and the respondenttherein is probably guilty thereof and should be held for trial; it is just as well for the purpose ofsecuring the innocent against hasty, malicious and oppressive prosecution, and to protect him from

an open and public accusation of a crime, from the trouble, expense and anxiety of a public trial.

Collantes v. Marcelo

G.R. Nos. 167006-07, 14 August 2007, 530 SCRA 142, 155.

We reiterate the ruling in Collantes,15 thus:

Agencies tasked with the preliminary investigation and prosecution of crimes should never forgetthat the purpose of a preliminary investigation is to secure the innocent against hasty, malicious andoppressive prosecution, and to protect one from an open and public accusation of crime, from thetrouble, expense and anxiety of a public trial, and also to protect the State from useless and

expensive trials. It is, therefore, imperative upon such agencies to relieve any person from thetrauma of going through a trial once it is ascertained that the evidence is insufficient to sustain aprima facie case or that no probable cause exists to form a sufficient belief as to the guilt of theaccused.

http://www.lawphil.net/judjuris/juri2004/may2004/gr_131445_2004.htmlhttp://www.lawphil.net/judjuris/juri2008/dec2008/gr_178511_2008.html#fnt35http://www.lawphil.net/judjuris/juri2004/may2004/gr_150185_2004.htmlhttp://www.lawphil.net/judjuris/juri2009/jul2009/gr_160772_2009.html#fnt15http://www.lawphil.net/judjuris/juri2004/may2004/gr_131445_2004.htmlhttp://www.lawphil.net/judjuris/juri2008/dec2008/gr_178511_2008.html#fnt35http://www.lawphil.net/judjuris/juri2004/may2004/gr_150185_2004.htmlhttp://www.lawphil.net/judjuris/juri2009/jul2009/gr_160772_2009.html#fnt15