Philippine Supreme Court Resolutions > Year 2010 > March 2010 Resolutions > [A.M. No. 08-7-401-RTC : March 01, 2010] PETITION FOR CHANGE OF VENUE OF ELECTION CASE NO. 2007-004 FROM RTC, BRANCH 2, BANGUED, ABRA TO ANY RTC IN REGION I :

Quoted hereunder, for your information,  is a resolution of this Court dated 01 March 2010:

A.M. No. 08-7-401-RTC - Petition for Change of Venue of Election Case No. 2007-004 from RTC, Branch 2, Bangued, Abra to any RTC in Region I.

In the 2007 elections for national and local positions, Edwin Crisologo, Sr. (protestee) emerged as the winner for the position of Mayor of the Municipality of Tineg, Province of Abra. His rival candidate, Lenin Benwaren (protestant) filed a protest with the Regional Trial Court (RTQ of Bangued, Abra, Branch 2, docketed as Election Case No. 2007-004.

The election was hotly contested and was attended by violence. The protestee's wife was shot to death by an alleged follower of the protestant. Followers of the protestee and the protestant were hostile to each other and the hostility was palpable during the hearings of the election protest. Witnesses were afraid to testify and expressed fear for their lives. The protestee himself feared for his life and for that of his counsel.

On December 21, 2007, the protestee filed with the RTC of Bangued, Abra, Branch 2, an Urgent Motion for Change of Venue, praying that the case be transferred to the nearest court within Region I.

On January 9, 2008, the RTC issued an Order directing the protestee to file the petition for change of venue with the Supreme Court pursuant to Section 12, Rule 2 of A.M. No. 07-4-15-SC, and to show proof of such filing within fifteen (15) days from receipt of said order.

The protestee complied and accordingly filed with the Office of the Court Administrator the petition for change of venue.

Required by the OCA to comment on the protestee's petition for change of venue, Judge Corpus B. Alzate, Presiding Judge of the RTC of Bangued, Abra, Branch 2, confirmed that known supporters of the opposing parties continue to engage in ambuscades that have resulted to senseless killings. They were hostile to each other; their followers even engaged in rumble in the court premises during the scheduled hearings, prompting him to ask for additional police security in the Hall of Justice. He was also informed that there was a sinister plot against him.

The OCA found that the transfer of venue of Election Case No. 2007-004 was justified and recommended that the case be transferred to Laoag City. In a Resolution dated July 28, 2008, the Court directed the Branch Clerk of Court of the RTC of Bangued, Abra, Branch 2 to transmit the records of the case to the Executive Judge of the RTC of Laoag City, Ilocos Norte, who shall forthwith raffle the case among the judges of that court.

Initially, the case was raffled to Branch 15 of the RTC of Laoag City, but since Branch 15 is not an election court, the case was re-raffled to Branch 65, presided by Judge Manuel L, Argel, Jr. Claiming close relationship with the protestee's counsel, thus making it difficult for him to act with cold impartiality, Judge Argel inhibited himself from the case.

Thereafter, the case was forwarded to Branch 14, the other court in Laoag City designated to hear election cases. Presiding Judge Francisco D. Quilala also inhibited himself from the case on the same ground of close relationship with the protestee's counsel.

Executive Judge Conrado A. Ragucos of the RTC Laoag City, in his letter dated June 2, 2009, addressed to then Court Administrator, now Justice Jose P. Perez, expressed apprehension that the re-raffling of the case to the remaining three (3) branches of the RTC in Laoag City would only cause further delay in the resolution of the case. He recommended that the case be transferred to a different jurisdiction.

Acting on the recommendation of Executive Judge Ragucos, the Court, in a Resolution dated October 12, 2009, directed the protestant and the protestee, and Judges Perla B. Querubin, Philip G. Salvador and Benjamin Turgano of Branches 11, 13 and 15 of the Laoag City RTC, to comment on the motion to transfer within a non-extendible period of ten (10) days from receipt. Judge Querubin immediately complied, but stated that the protest needs full attention so as not to render it moot and academic, and that as a family court handling cases of minor victims and minor offenders which are priority cases, she would not be able to give full attention to the election case.

In his compliance, Judge Philip Salvador of Branch 13 alleged that his court is a Special Court for drug cases and as such is exempt from raffle. Besides, he is also designated as Acting Presiding Judge of the RTC of Baguio, Ilocos Norte, Branch 19.

Judge Benjamin D. Turgano of Branch 15 submitted that the court that should hear, try and decide Election Case No. 2007-004 must be a court designated to hear election cases pursuant to A.M. No. 07-04-15-SC (Rules of Procedure in Election Contests Before the Courts Involving Elective Municipal and Barangay Officials) dated May 15, 2007 and Administrative Order No. 54-2007 (Designation of Special Courts to Hear, Try and Decide Election Contests Involving Elective Municipal Officials) dated May 11, 2007. Considering that in the RTC Laoag City, the judges of the two (2) designated Election Courts have already inhibited themselves, he believes that the case should be referred to another RTC election court within Region I, preferably in San Fernando, La Union.

The protestant has not filed his comment. He is an accused in a murder case and is now a fugitive from justice. His counsel died but has not been replaced. The protestee, to date, has not filed his comment.

Considering the foregoing, the Court RESOLVES to farther change the venue of Election Case No. 2007-004 and

1. To DIRECT: (a) the Executive Judge of the RTC of Laoag City to transfer the case from the Regional Trial Court, Bangued, Abra, Branch 2, to the Regional Trial Court of San Fernando, La Union; (b) the Executive Judge of the RTC of San Fernando, La Union to RAFFLE the case among the courts designated as election courts immediately upon receipt hereof; and (c) both the Executive Judges of the RTC of Laoag City and San Fernando, La Union to SUBMIT a Report of their compliance with this directive within ten (10) days from notice; and
    
2.  To require protestant Lenin L. Benwaren to INFORM the Court of the name and address of his new counsel, in place of his deceased counsel, within ten (10) days from notice. Perez, J., no part due to prior action as Court Administrator.

SO ORDERED.

WITNESS the Honorable Antonio T. Carpio, Chairperson, Honorable Teresita J. Leonardo-De Castro (designated additional member per Raffle dated 6 January 2010), Arturo D. Brion, Mariano C. Del Castillo and Roberto A. Abad, Members, Second Division, this 1^st day of March, 2010.