Philippine Supreme Court Resolutions > Year 2009 > December 2009 Resolutions > [A.M. No. 09-12-507-RTC : December 08, 2009] RE: REQUEST FOR THE TRANSFER OF VENUE OF CRIMINAL CASE NOS. SL-195 TO 214, ENTITLED "PEOPLE OF THE PHILIPPINES V. DATU ANDAL AMPATUAN, JR., ET AL, FROM THE REGIONAL TRIAL COURT, BRANCH 15, COTABATO CITY, TO ANY OF THE REGIONAL TRIAL COURTS IN METRO MANILA, EITHER IN QUEZON CITY OR MANILA :

Quoted hereunder, for your information, is a resolution of the Court En Banc dated December 8, 2009

"A.M. No. 09-12-507-RTC (Re: Request for the Transfer of Venue of Criminal Case Nos. SL-195 to 214, entitled "People of the Philippines v. Datu Andal Ampatuan, Jr., et al, from the Regional Trial Court, Branch 15, Cotabato City, to any of the Regional Trial Courts in Metro Manila, Either in Quezon City or Manila.")

For consideration of the Court are the following:

1. Letter dated December 3, 2009 of Acting Secretary Agnes VST Devanadera, Department of Justice, requesting for transfer of venue of Criminal Case Nos. SL-195 to 214, entitled "People of the Philippines v. Datu Andal Ampatuan, Jr., et. al" for murder (20 counts), from the Regional Trial Court, Cotabato City, Branch 15, to any of the courts in Metro Manila, either in Quezon City or Manila, citing the following as grounds for the request for transfer of venue:

a. The climate in Cotabato City is not conducive to the holding of trial as the security of the judge, prosecutors and, more importantly, the witnesses, is at great risk considering that the parties involved are from the said area.  It would be better that the case be heard in Metro Manila where the witnesses, who are now in the custody of the government, will be sufficiently secured;

b. It is a known fact that both the Ampatuans and the Mangudadatus wield considerable influence in Maguindanao and Cotabato City; thus, in order to avoid miscarriage of justice, and to prevent both parties from using their respective resources from influencing the outcome of the trial, a transfer of venue is necessary; and

c. Since the principal accused, Datu Andal "Unsay" Ampatuan, Jr., is already in detention at the National Bureau of Investigation in Manila, it is easier for the designated court in Metro Manila to call the accused, the prosecution as well as the witnesses, who are now in Manila, in the hearings that may be held.

2.  Letter dated December 4, 2009 of Acting Presiding Judge Milanio M. Guerrero of the Regional Trial Court, Branch 15, Cotabato City, stating that:

This comes to officially and formally inform your good Office of my concurrence to the official position of the Department of Justice earlier manifested for the transfer of venue of the above-entitled cases, from Cotabato City to Metro Manila, either in Quezon City or Manila.

The undersigned fully agrees with the observations of the said Department and true enough, the desired transfer thereof and its eventual approval would be the prudent action to take.

His Honor, the publicity of the incident on November 23, 2009, which claimed the lives of fifty-seven (57) people has generated tremendous publicity that no mortal in the neighboring provinces of Maguindanao could claim as having not heard of it and sparked public outrage over the brazenness and impunity which the said incident was perpetrated.

Since day one that the incident was brought to the attention of the media, spectacular live TV feeds and graphic accounts thereof became its usual fare. Ordinary mortals who have viewed and gone over them could only shake their heads and gnash their teeth.

The undersigned is no different from them.

He received in the early morning of November 28, 2009, through fax, his official designation as Acting Judge of the Regional Trial Court, Branch 15, Cotabato City, which has exclusive jurisdiction of the incident of November 23, 2009 and, by then, he already heard much of it, albeit hearsay.

The undersigned has set aside and put into oblivion all what he heard of the incident when he assumed on December 1, 2009 his designation as Acting Judge, but after reflection and thorough meditation, he came up with the position that for him to sit and try the above-entitled cases is to render violence to truth and justice of which he is not prepared.

Going with the conformity of the undersigned to the petition to transfer venue is his urgent plea that he be relieved from the said cases and acting on all incidents pending therein.

And finally, the undersigned cannot as yet comply with your request to return the required comment/s of the accused and/or their counsel relative to the request of the Department of Justice as aforesaid, as it will take time for the court to secure the same.

With confidence in your wisdom, the undersigned is in fertile hope that this merits your usual favorable action.

Thank you and God bless.

3. Letter dated December 4, 2009 of Atty. Philip Sigfrid A. Fortun of Fortun Narvasa Salazar Law Offices, counsel for accused Andal Ampatuan, Jr., interposing no objection to the transfer of venue of Criminal Case Nos. SL-195-to 214 provided that [they] be lodged before the Manila courts, as the accused is detained at the NBI Headquarters in Taft Avenue;

4. Memorandum dated December 7, 2009 of the Office of the Court Administrator recommending that:

1. the request of the Department of Justice for the transfer of venue of Criminal Case Nos. SL-195 to 214 (People of the Philippines v. Datu Andal Ampatuan, Jr., et al.) from the Regional Trial Court of Cotabato City to the Regional Trial Court of Manila be GRANTED;

2. the Clerk of Court of the Regional Trial Court, Branch 15, Cotabato City, be DIRECTED to FORWARD the records of Criminal Case Nos. SL-195 to 214 to the Executive Judge, Regional Trial Court, Manila, for raffle among the branches thereat; and

3. the judge to whom the cases are raffled be DIRECTED to HEAR AND DECIDE the cases with dispatch.

Paragraph 4, Section 5, Article VIII of the Constitution provides that the Court may order a change of venue or place of trial to avoid miscarriage of justice.

The purpose of provision is to ferret out the truth from the opposing claims of the parties in a controversy by means of a fair and impartial inquiry. Consequently, where there are serious and weighty reasons present that would prevent the court of original jurisdiction from conducting a fair and impartial trial, this Court has been mandated to order a change of venue so as to prevent miscarriage of justice.^[1] Among the reasons sufficient to justify a change of venue is the reluctance of witnesses to testify out of fear for their personal security. Corollarily, a hostile sentiment against the accused at the place of the trial, giving rise to the possibility that his life could be placed in danger, is sufficient and justifiable cause to order a change of venue of the trial.^[2]

In view of the foregoing considerations and the proximity of Camp Crame to the Regional Trial Court of Quezon City, the Court deems it best that the hearing of the cases be lodged before the Regional Trial Court of Quezon City provided that the proceedings of the cases be conducted in an appropriate place in Camp Crame, with adequate equipment and facilities, sufficient to accommodate the court personnel, counsels of the parties, and the parties and other witnesses to the cases to ensure the safety and security of the Presiding Judge, the court personnel, and the parties and their counsels and other witnesses.

Significantly, the interests of justice are best served when the neutrality and impartiality of the court which handles the proceedings of the aforementioned criminal cases is beyond question.

CONSIDERING THE FOREGOING, the Court RESOLVES to:

1. NOTE the Letter dated December 3, 2009 of Acting Secretary Agnes VST Devanadera, Department of Justice;

2. NOTE and GRANT the Letter dated December 4, 2009 of Acting Presiding Judge Milanio M. Guerrero of the Regional Trial Court, Branch 15, Cotabato City;

3. NOTE the Letter dated December 4, 2009 of Atty. Philip Sigfrid A. Fortun of Fortun Narvasa Salazar Law Offices, counsel for accused Andal Ampatuan, Jr.;

4. MODIFY the recommendation of the Office of the Court Administrator for the transfer of venue from the Regional Trial Court, Branch 15, Cotobato City to a Regional Trial Court in Quezon City;

5. RELIEVE Honorable Milanio M. Guerrero, Acting Presiding Judge, Branch  15,  Cotobato City, of the authority to hear and decide Criminal Case Nos. SL-195 to 214, entitled ''People of the Philippines v. Datu Andal Ampatuan, Jr., et. al";

6. DIRECT the Branch Clerk of Court of the Regional Trial Court,Branch 15, Cotobato City, to IMMEDIATELY FORWARD the records of the cases to the Executive Judge of the Regional Trial Court of Quezon City;

7. DIRECT the Executive Judge of the Regional Trial Court of Quezon City to IMMEDIATELY RAFFLE the cases among the judges of the different branches thereat and COORDINATE with the authorities of Camp Crame for the proper conduct of the trial in an appropriate place in Camp Crame sufficient to accommodate the court personnel, counsels of the parties, and the parties and other witnesses to the cases;

8. DIRECT the judge to whom the cases are raffled to try and hear Criminal Case Nos. SL-195 to 214 with dispatch; and

9. DIRECT the Office of the Court Administrator to ensure the proper implementation of this Resolution."

Nachura, I, on official leave.
Brion, J., on leave.

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Endnotes:

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^[1] Mondiguing v. Abad, G.R. No. 41313, November 6, 1975,68 SCRA 14.

^[2] People v. Pilotin, G.R. Nos. 35377-78, July 31, 1975,65 SCRA 635.