I am now having an impression that some prosecutors are conducting preliminary investigations with prosecution of the respondent as the end in view.
It therefore bears to stress that although a preliminary investigation is not a trial and is not intended to usurp the function of the trial court, it is not a casual affair; indeed, a preliminary investigation is in effect a realistic judicial appraisal of the merits of the case in the conduct of which, the prosecutor does not stand to prosecute the respondent but to weigh the evidence with the cold neutrality of a quasi-judicial officer; it behooves a prosecutor to weigh the evidence carefully and to deliberate thereon to determine the existence of prima facie case before filing the information xxx. (Bernardo vs. Mendoza, 90 SCRA 214).
It therefore bears to stress that although a preliminary investigation is not a trial and is not intended to usurp the function of the trial court, it is not a casual affair; indeed, a preliminary investigation is in effect a realistic judicial appraisal of the merits of the case in the conduct of which, the prosecutor does not stand to prosecute the respondent but to weigh the evidence with the cold neutrality of a quasi-judicial officer; it behooves a prosecutor to weigh the evidence carefully and to deliberate thereon to determine the existence of prima facie case before filing the information xxx. (Bernardo vs. Mendoza, 90 SCRA 214).
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