KILOSBAYAN FOUNDATION and BANTAY KATARUNGAN ...

Supplemental Resolution
OMB-L-C-04-0922-J - Kilosbayan Foundation and Bantay Katarungan Foundation vs Benjamin Abalos, et al.,;
OMB-L-C-04-0983-J - Sen. Aquilino Q. Pimentel, Jr., FIO vs Benjamin Santos Abalos, et al.,;
OMB-C-C-04-0011-A - Sen. Aquilino Q. Pimentel, Jr. vs. Luzviminda Tancangco, et al.,;
OMB-L-A-04-0706-J - Sen. Aquilino Pimentel, Jr., FIO vs Eduardo Dulay Mejos,
Page 35 of 43
is imperative that she be spared from the trauma of having to go to trial on
such a baseless complaint, as clearly any further prosecution is pure and
simple harassment 46
Before manifest partiality, evident bad faith or gross inexcusable
negligence may even be considered it is necessary to determine with
certainty the facts indicative of the modalities of committing a transgression
of the statute – simply alleging each or all of these methods is not enough to
establish probable cause, for it is well settled that allegations does not
amount to proof. Evident bad faith connotes not only bad judgment but also
palpably and patently fraudulent and dishonest purpose to do moral
obliquity or conscious wrongdoing for some perverse motive or ill will . 47
Finally, it should be made clear that the conclusions herein arrived at
do not in any way run counter to the findings and ruling of the Supreme
Court in the Infotech case. In the first place, that case is a civil suit requiring
only a preponderance of evidence. On the other hand, the finding of
probable cause in a criminal case entails, as well, the determination of
sufficient evidence to support a judgment of conviction if one will be filed.
The mere claim that grave abuse was committed, standing alone is not
sufficient to warrant a finding of probable cause. If ever an error was
committed by public respondents it is a misinterpretation of the law and the
RFP which can be humanly expected under the circumstances. But certainly,
46
CABAHUG vs. PEOPLE, 376 SCRA 113
47
Sistoza vs. Desierto, 388 SCRA 309
35