The absence of probable cause for the issuance of a warrant of arrest is not a ground for the quashal of the Information but is a ground for the dismissal of the case.

It bears stressing that, even before the effectivity of the Revised Rules of Criminal Procedure, the Regional Trial Court issues a warrant for the arrest of the accused only upon a finding of probable cause based on the resolution of the Investigating Prosecutor, the affidavits and other evidences appended to the Information, whatever evidence the Prosecutor may adduce upon order of the court. If the court finds that there is no probable cause for the issuance of a warrant of arrest, it may dismiss the case. The dismissal of the case is without prejudice to the refiling thereof unless barred by prescription. Indeed, the procedure is now encoded in Section 6, Rule 112, of the Revised Rules of Criminal Procedure. The trial court is mandated to immediately dismiss the case upon finding that no probable cause exists to issue a warrant of arrest, and after having evaluated the resolution of the prosecutor and the supporting evidence:

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 additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint or information.

The absence or presence of probable cause is to be determined from the material averments of the information and the appendages thereof, as enumerated in Rule 112, Section 8 of the Revised Rules of Criminal Procedure, viz:

SEC. 8. Records.' (a) Records supporting the information or complaint. An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with the other supporting evidence and the resolution of the case.

By quashing the Information on the premise of lack of probable cause instead of merely dismissing the case, the SB acted in violation of case law and, thus, acted with grave abuse of its discretion amounting to excess or lack of jurisdiction. (People v. Sandiganbayan,G.R. No. 144159, September 29, 2004)