August 2010 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
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[A.M. No. 09-12-510-RTC : August 02, 2010] RE: PETITION FOR CHANGE OF VENUE OF CRIM. CASE NOS. 3537-1129, 3608-1164, 3674-1187 AND 3611-1165 :
[A.M. No. 09-12-510-RTC : August 02, 2010]
RE: PETITION FOR CHANGE OF VENUE OF CRIM. CASE NOS. 3537-1129, 3608-1164, 3674-1187 AND 3611-1165
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 02 August 2010 which reads as follows:
"A.M. No. 09-12-510-RTC (Re: Petition for Change of Venue of Crim. Case Nos. 3537-1129, 3608-1164, 3674-1187 and 3611-1165).
Engr. Ashraf Kunting, one of the accused in Crim. Case no. 3537-1129 for Kidnapping and Serious Illegal Detention filed with the Regional Trial Court, Branch 2, of Isabela City, Basilan, through counsel, filed the present motion to Dismiss with Alternative Prayer for Bail dated July 4, 2010. He alleged that he had been in the custody of the Philippine National Police Intelligence Group for his alleged participation in the kidnapping incident in Lamaitan, Basilan on June 2, 2001 and has been detained for more than eight years. No bail had been granted for his release due to the nature of the charge against him. He claims that there has been a violation of his constitutional right to speedy trial due to the unjust delay in the event that the motion to dismiss is denied, that he be granted bail to allow him to reside with his family in Antipolo City.
The Court resolves to DENY the motion for lack of jurisdiction. Kunting's remedy is to file his motion to dismiss with the trial court hearing his case. in case it is denied, he may file a special civil action of certiorari with the appropriate court if he can establish grave abuse of discretion.
"A.M. No. 09-12-510-RTC (Re: Petition for Change of Venue of Crim. Case Nos. 3537-1129, 3608-1164, 3674-1187 and 3611-1165).
Engr. Ashraf Kunting, one of the accused in Crim. Case no. 3537-1129 for Kidnapping and Serious Illegal Detention filed with the Regional Trial Court, Branch 2, of Isabela City, Basilan, through counsel, filed the present motion to Dismiss with Alternative Prayer for Bail dated July 4, 2010. He alleged that he had been in the custody of the Philippine National Police Intelligence Group for his alleged participation in the kidnapping incident in Lamaitan, Basilan on June 2, 2001 and has been detained for more than eight years. No bail had been granted for his release due to the nature of the charge against him. He claims that there has been a violation of his constitutional right to speedy trial due to the unjust delay in the event that the motion to dismiss is denied, that he be granted bail to allow him to reside with his family in Antipolo City.
The Court resolves to DENY the motion for lack of jurisdiction. Kunting's remedy is to file his motion to dismiss with the trial court hearing his case. in case it is denied, he may file a special civil action of certiorari with the appropriate court if he can establish grave abuse of discretion.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court