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[A.M. No. 98-8-255-RTC.December 21, 1999]

IN RE: PETITION FOR TRANSFER OF VENUE OF CRIM. CASE NO. 12-357

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 21, 1999.

A.M. No. 98-8-255-RTC(In Re: Petition For Transfer of Venue of Criminal Case No. 12-357), Zenaida Limbona, et al., petitioners.)

At bar is a second motion for reconsideration of the Resolution of this Court, dated August 18, 1998, granting the request for transfer of venue of Criminal Case No. 12-357, entitled "People vs. LTC Jalandoni Cota, P01 Kennedy Balindong, and Mayor Anwar Berua Balindong", for Double Homicide with Multiple Frustrated Homicide, from the Regional Trial Court in Malabang, Lanao del Sur to Branch No. 13 of the Regional Trial Court in Cotabato City.

In support of their motion, movants invite attention to the prevailing peace and order condition in Cotabato City, particularly within the area of the Narciso Highway connecting the town of Malabang to Cotabato City, the only route available to them, which is claimed to be hazardous to their and their witnesses' personal safety and security. They cite newspaper accounts on the state of peace and order in the said place to buttress their submission.

Although transfer of venue in criminal cases is purely an administrative matter, second motions for reconsideration are generally frowned upon. However, in light of the peculiar circumstances surrounding the present case, which may result to a miscarriage of justice, nay, loss of lives, the Court finds merit in the instant motion.

WHEREFORE, the Second Motion for Reconsideration under consideration is GRANTED; the Resolution of August 18, 1998 regarding the transfer of Criminal Case No. 12-357, entitled "People vs. LTC Jalandoni Cota, P01 Kennedy Balindong, and Mayor Anwar Berua Balindong", from Malabang to Cotabato City, is SET ASIDE and instead, the venue of the said case is hereby transferred to the Regional Trial Court of Cagayan de Oro City.

Accordingly, Judge Emmanuel D. Badoy of the Regional Trial Court of Cotabato City is hereby directed to cause the transfer of the records of subject criminal case to the Executive Judge of the Regional Trial Court in Cagayan de Oro City, who is hereby ordered to raffle said case to a branch of the said court therein, in accordance with pertinent rules and with this Resolution.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court

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