Probable cause may be defined as such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the means taken in prosecuting it, are legally just and proper. – U.S. v. Addison, 28 Phil 570.

          The existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. – Buchanan v. Esteban, 32 Phil 365.

          The existence of probable cause presupposes the introduction of competent proof that the party against whom it is sought has performed particular acts, or committed specific omissions, violating a given provision of our criminal laws. – Stonehill v. Diokno, 126 Phil 738.

          The reasonable ground for suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the accused is guilty of the offense with which he is charged. – Tuazon v. Matias, 45090-R, November 27, 1975.

          Probable cause does not mean actual and positive cause, nor does it imply absolute certainty. If on the basis of the facts recited in the depositions in support of the search  warrant a reasonable, discreet and prudent man would be led to believe that the offense charged has been committed, there is probable cause justifying the issuance of a search warrant. – Hercules Bottling Co. v. Savellano, 09153, February 29, 1980.

          Such a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves as to warrant a reasonable man in believing the accused to be guilty. – U.S. v. Santos, 36 Phil 855.

          Prima facie case. For purposes of preliminary investigation, the two terms, probable cause and prima facie case, have been used interchangeably, with no significant distinction. Loosely speaking, as has been the obvious intention of both rules and statutes prescribing the procedure of preliminary investigation. – Crisostomo v. Pamaran, 74 OG 6663. 

          Such facts and circumstances which would lead a reasonably dicreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to searched. –Burgos v. Chief of Staff, AFP, L-64261, December 26, 1984;133 SCRA 813.

          Probable cause required to justify the issuance of a search warrant is such antecedent facts and circumstances as would a cautious man to rely upon them and act in pursuance thereof. –US. v. Addison, 28 Phil 566.

SOURCE:  PHIL. LAW DICTIONARY, 3RD EDITION, 1988, F.D.B.MORENO

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The term “probable cause” does not mean actual and positive cause nor does it import absolute certainty.  It is merely based on opinion and reasonable belief.  Thus, a finding of probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged. Precisely, there is a trial for the reception of evidence of the prosecution in support of the charge.

SOURCE: GEORGE MILLER VS. SECRETARY HERNANDO B. PEREZ, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF JUSTICE AND GIOVAN BERNARDINO ( G.R. NO. 165412, 30 MAY 2011, VILLARAMA, JR., J) SUBJECTS: PROBABLE CAUSE; PRELIMINARY INVESTIGATION. (BRIEF TITLE: MILLER VS. SEC. PEREZ)

For advice on above subject, you may contact J.A.B. Bulao & Associates at jabblaw@yahoo.com or send a message to  Cell No. 09155205254.