August 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[A.M. No. 11-6-120-RTC : August 03, 2011]
RE: PETITION FOR CHANGE OF VENUE OF CRIMINAL CASE NO. 18368-22 FROM THE REGIONAL TRIAL COURT, BRANCH 35, GENERAL SANTOS CITY, TO ANY COURT IN METRO MANILA
A.M. No. 11-6-120-RTC (Re: Petition for Change of Venue of Criminal Case No. 18368-22 from the Regional Trial Court, Branch 35, General Santos City, to any court in Metro Manila). - Considering the (1) petition for change of venue dated January 26, 2009 filed by the Armed Forces of the Philippines (AFP) through City Prosecutor Edilberto Jamora of General Santos City, requesting that Criminal Case No. 18368-22 (People v. Elmer Emman a.k.a. Hamsa Pedro, et al.) be transferred from the Regional Trial Court, Branch 35, General Santos City, to any court in Metro Manila on the ground that all the accused are suspected terrorists with links with the Abu Sayaff Group operating in Eastern Mindanao and that they are holding critical and significant positions in their respective organizations with specialties essential to their operations in the field; that accused are considered high security risk detainees by intelligence reports of the AFP and that it is probable that they would be rescued by their comrades and break out of the General Santos City Jail where they are all presently detained; and that civilian and even some retired police/military witnesses are afraid to testify and have even relocated themselves and their families or have chosen to be re-assigned to another region due to threats and fear of reprisals from the cohorts of the accused who are still at large, and (2) opposition to the petition for change of venue dated January 10, 2011 of accused Datu Mama Abpa, the Court resolves to:
1. GRANT the petition for change of venue of Criminal Case No. 18368-22 (People v. Elmer Emman a.k.a. Hamsa Pedro, et al.) from the Regional Trial Court, Branch 35, General Santos City, to any court in Metro Manila;
2. DIRECT Judge Oscar P. Noel, Jr., Regional Trial Court, Branch 35, General Santos City, to FORWARD the records of Criminal Case No. 18368-22 to the Executive Judge of the Regional Trial Court, Pasig City, and to commit, under maximum security to be provided by the Director General of the Philippine National Police, all the accused in said cases to the commanding officer or head of the Camp Bagong Diwa;
3. DIRECT the Executive Judge of the Regional Trial Court, Pasig City, to transmit the records of Criminal Case No. 18368-22 to Judge Paz Esperanza M. Cortez of the Regional Trial Court, Branch 271, Taguig City, who is assigned to handle Abu Sayaff cases, and who shall conduct continuous trial to be assisted by her regular personnel.
4. ORDER the Department of Justice and the Philippine National Police to adopt such measures as may be necessary to ensure the safety and security of the witnesses and of all those taking part in the trial of the cases;
5. ORDER that any resolution issued herein be faithfully complied with by all concerned; and
6. DIRECT Judge Paz Esperanza M. Cortez to hear and try the said cases at Camp Bagong Diwa, and to decide the case with dispatch.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court