SECOND DIVISION
[G.R. Nos. L-35377-78. July 31, 1975.]
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CAMILO PILOTIN, VINCENT CRISOLOGO, ISIDRO PUGAL and ERNING ABAÑO, Defendants-Appellants.
SYNOPSIS
Defendant-appellant Vincent Crisologo sought the transfer of Criminal Case No. 3949 of the municipal court of Vigan, Ilocos Sur to the New Bilibid Prisons or, alternatively, to Camps Crame, Aguinaldo or Olivas on the ground that if he were to be confined in the Vigan municipal jail during the trial, his life would be in jeopardy.
Finding the motion meritorious and applying Sec. 5(4), Article X of the Constitution, the Supreme Court directed the transfer of the record of the case to the City Court of Quezon City and the holding of the trial at Camp Crame.
Finding the motion meritorious and applying Sec. 5(4), Article X of the Constitution, the Supreme Court directed the transfer of the record of the case to the City Court of Quezon City and the holding of the trial at Camp Crame.
SYLLABUS
1. SUPREME COURT; POWERS; POWER TO ORDER CHANGE OF VENUE. — Section 5(4) Article X of the Constitution expressly empowers the Supreme Court to "order a change of venue or place of trial to void a miscarriage of justice."cralaw virtua1aw library
2. ID.; ID.; ID.; CASE AT BAR. — Where what is involved is not merely a miscarriage of justice but the personal safety of the accused, it would be absurd to compel him to undergo trial in a place where his life would be imperilled. Present hostile sentiment against the accused at the place of trial is a justification for transfer of venue.
3. REMEDIAL LAW; VENUE; CHANGE INVOLVES TRANSFER OF EXPEDIENTE. — The change of venue involves not merely the change of the place of hearing but also the transfer of the expediente to another court. Thus where the alleged evidence against the accused is in the custody of the authorities at Camp Crame, Quezon City, the transfer of the case to the City Court of Quezon City and the holding of the trial at Camp Crame appear to be the most convenient.
2. ID.; ID.; ID.; CASE AT BAR. — Where what is involved is not merely a miscarriage of justice but the personal safety of the accused, it would be absurd to compel him to undergo trial in a place where his life would be imperilled. Present hostile sentiment against the accused at the place of trial is a justification for transfer of venue.
3. REMEDIAL LAW; VENUE; CHANGE INVOLVES TRANSFER OF EXPEDIENTE. — The change of venue involves not merely the change of the place of hearing but also the transfer of the expediente to another court. Thus where the alleged evidence against the accused is in the custody of the authorities at Camp Crame, Quezon City, the transfer of the case to the City Court of Quezon City and the holding of the trial at Camp Crame appear to be the most convenient.
R E S O L U T I O N
AQUINO, J.:
Vincent Crisologo through counsel filed a verified motion praying for the transfer to the New Bilibid Prisons or, alternatively, to Camps Crame, Aguinaldo or Olivas, of the place of trial of Criminal Case No. 3949 of the municipal court of Vigan, Ilocos Sur, wherein he, as sole defendant, is charged with illegal possession of firearms and ammunitions.
As justificatory ground, he alleged that his life would be in jeopardy if he were to be confined in the Vigan municipal jail during the trial because there are many political enemies of the Crisologo family in that vicinity; some of the adherents of the Crisologos had in fact been murdered in Ilocos Sur, and his father, Congressman Floro Crisologo, was shot to death while hearing mass at the Vigan cathedral.
Bluntly, he affirmed that inside that jail he would be a sitting duck for a gunwielder or grenade-thrower who wants to assassinate him. He could even be lynched or shot to death on the specious pretext that he was trying to escape.
Asked to comment on the motion, the Provincial Fiscal of Ilocos Sur signified his conformity to the transfer of the venue of the trial to the New Bilibid Prisons.
Section 5(4), Article X of the Constitution expressly empowers this Court to "order a change of venue or place of trial to avoid a miscarriage of justice." Here, what is involved is not merely a miscarriage of justice but the personal safety of movant Crisologo, the accused. It would be absurd to compel him to undergo trial in a place where his life would be imperilled.
Present hostile sentiment against the accused at the place of trial is a justification for transfer of venue (See State v. Siers, 136 S. E. 503, 103, W. Va. 30; 22 C.J.S. 310).
We find Crisologo’s motion to be meritorious. The change of venue involves not merely the charge of the place of hearing but also the transfer of the expediente of Criminal Case No. 3349 to another court. According to Crisologo’s motion, the alleged evidence against him is in the custody of the authorities at Camp Crame, Quezon City. The transfer of Criminal Case N. 3949 to the City Court of Quezon City and the holding of the trial at Camp Crame appear to be the most convenient arrangement.
WHEREFORE, the municipal court of Vigan is directed to transfer the record of Criminal Case No. 3949 to the City Court of Quezon City where it should be re-docketed and raffled to any Judge thereof. The case may be tried at Camp Crame. The usual precautions and security measures should be adopted in bringing defendant Crisologo to Camp Crame on the occasion of the hearing.
SO ORDERED.
Makalintal, C.J., Fernando, Barredo and Concepcion, Jr., JJ., concur.
Antonio, J., did not take part.
As justificatory ground, he alleged that his life would be in jeopardy if he were to be confined in the Vigan municipal jail during the trial because there are many political enemies of the Crisologo family in that vicinity; some of the adherents of the Crisologos had in fact been murdered in Ilocos Sur, and his father, Congressman Floro Crisologo, was shot to death while hearing mass at the Vigan cathedral.
Bluntly, he affirmed that inside that jail he would be a sitting duck for a gunwielder or grenade-thrower who wants to assassinate him. He could even be lynched or shot to death on the specious pretext that he was trying to escape.
Asked to comment on the motion, the Provincial Fiscal of Ilocos Sur signified his conformity to the transfer of the venue of the trial to the New Bilibid Prisons.
Section 5(4), Article X of the Constitution expressly empowers this Court to "order a change of venue or place of trial to avoid a miscarriage of justice." Here, what is involved is not merely a miscarriage of justice but the personal safety of movant Crisologo, the accused. It would be absurd to compel him to undergo trial in a place where his life would be imperilled.
Present hostile sentiment against the accused at the place of trial is a justification for transfer of venue (See State v. Siers, 136 S. E. 503, 103, W. Va. 30; 22 C.J.S. 310).
We find Crisologo’s motion to be meritorious. The change of venue involves not merely the charge of the place of hearing but also the transfer of the expediente of Criminal Case No. 3349 to another court. According to Crisologo’s motion, the alleged evidence against him is in the custody of the authorities at Camp Crame, Quezon City. The transfer of Criminal Case N. 3949 to the City Court of Quezon City and the holding of the trial at Camp Crame appear to be the most convenient arrangement.
WHEREFORE, the municipal court of Vigan is directed to transfer the record of Criminal Case No. 3949 to the City Court of Quezon City where it should be re-docketed and raffled to any Judge thereof. The case may be tried at Camp Crame. The usual precautions and security measures should be adopted in bringing defendant Crisologo to Camp Crame on the occasion of the hearing.
SO ORDERED.
Makalintal, C.J., Fernando, Barredo and Concepcion, Jr., JJ., concur.
Antonio, J., did not take part.
