Republic of the Philippines

REGIONAL TRIAL COURT

9th Judicial Region
Branch ____
Zamboanga City

PEOPLE OF THE PHILIPPINES Crim. Case No. _______

- Plaintiff,

- versus - -for-

xxx xxx
- Accused.
x---------------------------x

MOTION FOR DETERMINATION OF

PROBABLE CAUSE

COMES NOW herein Accused-Movant, xxx, through counsel,

unto this Honorable Court, most respectfully submits his Motion for
Determination of Probable Cause, and hereby states that:
1. That on xxx, Inquest Prosecutor xxx, issued its Inquest
Resolution, which read as follows:
xxx
2. That a Motion for Judicial Determination of Probable Cause is
akin to a Motion for the conduct of preliminary investigation,
the purpose of which is to determine the existence of probable
cause. (Redulla vs. Sandinganbayan, 517 SCRA 110);
3. Section 6, Rule 112 of the Revised Rules of Criminal Procedure
provides:
Sec. 6. When warrant of arrest may issue. (a) By
the Regional Trial Court. Within ten (10) days from the
filing of the complaint or information, the judge shall
personally evaluate the resolution of the prosecutor and its
supporting evidence. He may immediately dismiss the case
if the evidence on record clearly fails to establish probable
cause. If he finds probable cause, he shall issue a warrant
of arrest, or a commitment order if the accused has already
been arrested pursuant to a warrant issued by the judge
who conducted the preliminary investigation or when the
complaint or information was filed pursuant to section 7 of
this Rule. In case of doubt on the existence of probable
cause, the judge may order the prosecutor to present
1
 additional evidence within five (5) days from notice and the
issuance must be resolved by the court within thirty (30)
days from the filing of the complaint or information.

4. Our Supreme Court ruled, that The trial Court is mandated to

immediately dismiss the case upon finding that no probable
cause exist. The absence of probable cause is not a ground for
quashal of Information but is a ground for the dismissal of the
case (People vs. Sandiganbayan, 439, SCRA 340);
5. Under a milieu of insufficient evidence on record to establish
probable cause, the aforequoted rule clearly set a guide to cause
the dismissal of the above-captioned case;
6. Filing of the instant Motion is purposely intended to promote the
interest of justice and not to unduly delay the proceedings in the
instant case.
WHEREFORE, premises considered, herein Accused, through
counsel, most respectfully pray to this Honorable Court to resolve on the
instant Motion by causing the immediate dismissal of the above-entitled
case because the evidence on record failed to establish probable cause,
and to grant whatever legal relief and remedies that are just and equitable
under the circumstances.

Zamboanga City, Philippines, ___________.

ATTY. xxx
xxx
P.T.R. No. xxx
I.B.P. No. xxx
Roll of Attorney No. xxx
M.C.L.E. Compliance No. xxx