Вы находитесь на странице: 1из 1

"a change of venue or place of trial to avoid a miscarriage of justice" (Sec. 5[4], Art.

X of the
Constitution).

After a careful consideration of the circumstances recited in Mondiguing's petition to support


his request for a change of the place of trial, we have reached the conclusion that his petition
is meritorious. . In the interest of a fair and impartial trial and to avoid a miscarriage of justice
and considering that his life would be in danger if he were to be tried in Lagawe, Ifugao, he
should be tried by the Circuit Criminal Court in the City of Baguio. .( G.R. No. L-41313
November 6, 1975 ALIPIO MONDIGUING and ANDRES DUNUAN vs. HON. FRANCISCO
MEN ABAD)

1. It may not be amiss to say a few words on the question of transferring the place of trial, in
this case, from Himamaylan to Bacolod City. The Constitution is quite explicit. The Supreme
Court could order "a change of venue or place of trial to avoid a miscarriage of justice." 10 The
Constitutional Convention of 1971 wisely incorporated the ruling in the landmark decision of
People v. Gutierrez, L-32282-83, November 26, 1970, 36 SCRA 172. 11 where Justice J. B. L.
Reyes as ponente vigorously and categorically affirmed: "In the particular case before Us, to
compel the prosecution to proceed to trial in a locality where its witnesses will not be at liberty to
reveal what they know is to make a mockery of the judicial process, and to betray the very
purpose for which courts have been established." 12 Why a change of venue is imperative was
made clear in the Comment of the Solicitor General. Thus: "The exercise by this Honorable Court
of its above constitutional power in this case will be appropriate. The witnesses in the case are
fearful for their lives. They are afraid they would be killed on their way to or from Himamaylan
during any of the days of trial. Because of qqqts fear, they may either refuse to testify or
testimony falsely to save their lives. 13 Respondent Florendo Baliscao was not averse to such
transfer, but his preference is for a court anywhere in Metro Manila. 14 Respondent Francisco
Garcia confined his comment to the question of the cancellation of the bail bonds. Respondent
Pablo Sola made clear that he had "no objection to the transfer. 15 It may be added that there may
be cases where the fear, objectively viewed, may, to some individuals, be less than terrifying, but
the question must always be the effect it has on the witnesses who will testify. The primordial aim
and intent of the Constitution must ever be kept in mind. In case of doubt, it should be resolved in
favor of a change of venue. As a matter of fact, there need not be a petition of this character filed
before this Court. Such a plea could have been done administratively. In this particular case,
however, there is justification for the procedure followed in view of the fact that along with the
change of venue, the cancellation of the bail bonds was also sought. (G.R. No. L-56158-64
March 17, 1981 PP vs. MAYOR PABLO SOLA

A change of venue was ordered by this Court in a case where it was shown that the accused
might be liquidated by his enemies in the place where the trial was originally scheduled to be
held (People vs. Pilotin Vincent Crisologo, movant, L-3537778, July 31, 1975).
The interests of the public require that, to secure the best results and effects in the
punishment of crime, it is necessary to prosecute and punish the criminal in the very place,
as near as may be, where he committed his crime" (Manila Railroad Co. vs. Attorney
General, 20 Phil. 523, 562). .
Reasons:
Death threats
Currently Municipal Councilor, Wilfredo V. Lomboc, 3 terms, former Barangay Kagawad and
Barangay Chairman
Resort/Corpo has main office in manila per statement of accused
Nearer to office of private prosec who takes care of victim and her witnesses whenever they
are in manila
Dangerous in nasugbu death threats, parties within the same barangay, accused has a
police brother in law in batangas, influence of accused in nasugbu being an official for many
years
Transfer to makati

Вам также может понравиться