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G.R. No. 126005 January 21, 1999 PEOPLE OF THE PHILIPPINES and ALYNN PLEZETTE DY, petitioners, vs. COURT OF APPEALS, BILLY CERBO and JONATHAN CERBO, respondents. The determination of probable cause during a preliminary investigation is a function that belongs to the public prosecutor. It is an executive function, 9 the correctness of the exercise of which is matter that the trial court itself does not and may not be compelled to pass upon. G.R. No. 147968 December 4, 2002 PEOPLE OF THE PHILIPPINES, appellee, vs. ROGELIO BITANCOR alias "BOY," appellan Denial is inherently a weak defense which cannot outweigh positive testimony. 17 As between a categorical statement that has the earmarks of truth on the one hand and bare denial, on the other, the former is generally held to prevail.

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G.R. No. 126005 January 21, 1999

PEOPLE OF THE PHILIPPINES and ALYNN PLEZETTE DY, petitioners, vs.COURT OF APPEALS, BILLY CERBO and JONATHAN CERBO, respondents.

The determination of probable cause during a preliminary investigation is a function that belongs to the public prosecutor. It is an executive function, 9 the correctness of the exercise of which is matter that the trial court itself does not and may not be compelled to pass upon.

G.R. No. 147968 December 4, 2002

PEOPLE OF THE PHILIPPINES, appellee, vs.ROGELIO BITANCOR alias "BOY," appellan

Denial is inherently a weak defense which cannot outweigh positive testimony.17 As between a categorical statement that has the earmarks of truth on the one hand and bare denial, on the other, the former is generally held to prevail.

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