The determination of probable cause is essentially an executive function, lodged in the first place on the prosecutor who conducted the preliminary investigation.  The prosecutor’s ruling is reviewable by the Secretary who, as the final determinative authority on the matter, has the power to reverse, modify or affirm the prosecutor’s determination.^⁠13 It is well-settled that the findings of the Secretary of Justice are not subject to interference by the courts, save only 

(1)when he acts with grave abuse of discretion amounting to lack or excess of jurisdiction;

(2) when he grossly misapprehends facts;

 (3)when he acts in a manner so patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform the duty enjoined by law;

(4) or when he acts outside the contemplation of law.^⁠14 

SECOND DIVISION, G.R. No. 182573, April 23, 2014,RAY SHU, PETITIONER, VS. JAIME DEE, ENRIQUETO MAGPANTAY, RAMON MIRANDA, LARRY MACILLAN, AND EDWIN SO, RESPONDENTS.