Philippine Supreme Court Resolutions > Year 2010 > April 2010 Resolutions > [A.M. No. 09-12-507-RTC : April 13, 2010] RE: REQUEST FOR THE TRANSFER OF VENUE OF CRIMINAL CASE NOS. SL-195 TO 214 [SHOULD BE CRIMINAL CASE NOS. SL-171 TO 195 PER COURT'S RESOLUTION DATED DECEMBER 15, 2009], 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 April 13, 2010

"A.M. No. 09-12-507-RTC (Re: Request for the Transfer of Venue of Criminal Case Nos. SL-195 to 214 [should be Criminal Case Nos. SL-171 to 195 per Court's Resolution dated December 15, 2009], 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 (1) letter of the Secretary of the Department of Justice (DOJ) dated February 17, 2010, (2) Comment dated March 243 2010 filed by accused Datu Andal Ampatuan, Jr., and (3) letter dated March 24, 2010 of Hon. Jocelyn A. Solis-Reyes, Presiding Judge, Regional Trial Court, Branch 221, Quezon City.

In her letter dated February 17, 2010, DOJ Secretary Agnes VST Devanadera requested that the trial of Criminal Case Nos. SL-195 to 214 [should be Criminal Case Nos. SL-171 to 195 per Court's Resolution dated December 15, 2009], entitled People of the Philippines v. Datu Andal Ampatuan, Jr., et al, and Criminal Case No. 09-162667, entitled 'People of the Philippines v. Datu Andal Ampatuan, Sr., et al, be transferred from the PNP Non-Commissioned Officers' (PNCO) Clubhouse at Camp Crame, Quezon City to the Bureau of Jail Management and Penology (BJMP) facility at Camp Bagong Diwa, Bicutan, Taguig City, citing the following reasons:

1. Continued security risks to persons and establishments inside and adjacent To Camp Crame because of the conduct of trial within its premises.

There is constant influx of people in Camp Crame because of existing offices and academic institutions within the compound. Evidently, civilians will be unreasonably exposed to danger should the trial be held in Camp Crame.

2. Accused [Datu] Andal Ampatuan, Jr, is exposed to unwarranted risks for his transport to and from the National Bureau of Investigation (NBI) Office where he is presently detained to Camp Crame.

Transporting accused [Datu] Andal Ampatuan, Jr. poses security risks because of the fairly predictable routes from the NBI Office located along Taft Avenue to Camp Crame in Quezon City.

3. Hampered daily regular transactions in Camp Crame.

Several personnel from various PNP offices were pulled out to augment the security force needed during the trial. As a consequence, they could not perform their regular duties and responsibilities.

4. Need to completely close some offices adjacent to Camp Crame for security purposes.

There was a need to close some adjacent offices to provide utmost security during trial.

5. Philippine National Police (PNP) Non-Commissioned Officers are unable to use the function hall in Camp Crame.

PNP Non-Commissioned Officers, usually from far flung police stations, are unable to use their quarters at the ground floor of the PNCO Clubhouse located at Camp Crame, Quezon City.

6. Conducting the trial in Camp Bagong Diwa may prove to be more cost-effective than if trial were conducted in Camp Crame.

There would be less extensive allocation of manpower and resources should trial be conducted inside the BJMP facility at Camp Bagong Diwa, This is because security arrangements for both the detention facilities and venue of the hearing of the accused Andal Ampatuan, Jr. may be provided within the premises of Camp Bagong Diwa. Tin's set-up will also greatly minimize security risks and costs expended for the accused's detention, as well as for his transfer from one venue to another, if he were still detained at the NBI Office and if trial were still held at the Camp Crame Compound. (Emphasis supplied.)

On March 16, 2010, the Court issued a Resolution requiring both Judge Jocelyn A. Solis-Reyes and accused Datu Andal Ampatuan, Jr. to comment on said letter dated February 17, 2010.

In compliance therewith, accused filed a Comment dated March 24, 2010, opposing the request and stated that with the strict security measures within Camp Crame, the security risk to persons and establishments within and adjacent to Camp Crame will remain contained and minimal; that with the distance from the NBI Office to Camp Bagong Diwa, the risks of transport faced by the accused may even be greater; that there exists no advantage and benefit to the government and the accused for the transfer of venue of the trial from Camp Crame to Camp Bagong Diwa; that bringing the Presiding Judge and the entire court staff from their office at the Quezon City Hall to Camp Crame, then back, compared to transporting them to Camp Bagong Diwa and from Camp Bagong Diwa back to Quezon City Hall is not cost-effective; and that security risks, if any, would be the same whether the trial be held at Camp Crame or Camp Bagong Diwa.

Judge Jocelyn A Solis-Reyes manifested in her letter dated March 24, 2010 that she will abide by the Court's decision in connection with said request for transfer.

The Court finds merit in the DOJ's request for transfer of the place of trial of Criminal Case Nos. SL-195 to 214 [should be Criminal Case Nos. SL-171 to 195 per Court's Resolution dated December 15, 2009] and Criminal Case No. 09-162667 from the PNCO Clubhouse at Camp Crame, Quezon City to the BJMP facility at Camp Bagong Diwa, Bicutan, Taguig City.

To the mind of the Court, the holding of trial at the BJMP premises in Camp Bagong Diwa, Bicutan, Taguig City will serve the best interest of justice, considering that the proximity to possible danger to civilians and institutions or establishments within and near Camp Crame would be minimized and that the inconvenience in travel of the Presiding Judge and the court personnel would not pose a burden.

The security risks attendant to detention prisoners traveling from their place of detention to the place where their case is being heard had been addressed by the Court in Administrative Circular No. 6 dated December 5, 1977,^[1] reiterating Administrative Circular No. 2. Said administrative circular directed every Judge in Metro Manila, who required the appearance or attendance in any judicial proceeding of prisoners detained upon legal process for the commission of any offense punishable by death or life imprisonment confined in the New Bilibid Prisons, to conduct such proceeding within the premises of said penal institution. Even if said administrative circular specifically mentioned the penal institution New Bilibid Prisons, the aforementioned rule should also apply in this case, considering that the reasons for the issuance of said administrative circular exist in the proceedings subject hereof.

Moreover, as suggested in the letter of the DOJ Secretary, "security arrangements for both the detention facilities and venue of the hearing of the accused [Datu] Andal Ampatuan, Jr. may be provided within the premises of Camp Bagong Diwa. This set-up will also greatly minimize security risks and costs expended for the accused's detention as well as for his transfer from one venue to another." Indeed, it is easy to see the convenience and safety provided by an arrangement where a high security risk prisoner is detained and tried in one and the same facility. Thus, for a comprehensive solution to the problems being encountered in hearing the cases involved here, the Court deems it proper to order the transfer of both the place where hearings are to be conducted and the accused's place of detention.

IN VIEW OF THE FOREGOING, the Court RESOLVES:

1. To NOTE the following:

(a) The letter dated February 17, 2010 of Secretary Agnes VST Devanadera, Department of Justice;

(b) The Comment dated March 24, 2010 of accused Dam Andal Ampatuan, Jr.; and

(c) The letter dated March 24, 2010 of Presiding Judge Jocelyn A.  Solis-Reyes, Regional Trial Court, Branch 221, Quezon City;

2. To GRANT the request of Secretary Agnes VST Devanadera, Department of Justice, for the transfer of the conduct of hearing of Criminal Case Nos. SL-195 to 214 [should be Criminal Case Nos. SL-171 to 195 per Court's Resolution dated December 15, 2009] and Criminal Case No. 09-162667 from the PNCO Clubhouse at Camp Crame, Quezon City to the Bureau of Jail Management and Penology facility at Camp Bagong Diwa, Bicutan, Taguig City;

3. To DIRECT the proper authorities of the National Bureau of Investigation and the Philippine National Police to effect the IMMEDIATE TRANSFER of custody of accused Datu Andal Ampatuan, Jr. from his detention place at the National Bureau of Investigation to the detention facility at the BJMP in Camp Bagong Diwa, Bicutan, Taguig City and to ensure that necessary security measures be taken;

4. To DIRECT Presiding Judge Jocelyn A. Solis-Reyes, Regional Trial Court, Branch 221, Quezon City to CONDUCT hearings with dispatch in Criminal Case Nos. SL-171 to 195 and Criminal Case No. 09-162667 at the BJMP premises in Camp Bagong Diwa, Bicutan, Taguig City; and

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

Carpio-Morales, J., on leave.

Endnotes:

---

^[1] Pertinent portions thereof read as follows:

However, pursuant to Administrative Circular Ho. 2 dated December 2, 1976, no prisoner sentenced to death or life imprisonment confined in the New Bilibid Prisons is allowed to be brought outside the said penal institution for appearance or attendance in any court, except when the Supreme Court authorizes the Judge, upon proper application, to effect the transfer of the said prisoner. In addition, the said Circular directs every Judge in Metro Manila and the Provinces of Rizal, Bulacan, Cayite and Laguna, who requires the appearance or attendance of any of the aforestated prisoners confined in the New Bilibid Prisons in any judicial proceeding, to conduct such proceeding within the premises of the said penal institution.