SC Grants DOJ’s Request to Transfer to RTC Manila the Cases in Connection with Gov. Degamo Killing.

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SC Grants DOJ’s Request to Transfer to RTC Manila the Cases in Connection with Gov. Degamo Killing.



The Supreme Court (SC) yesterday approved the request of the Department of Justice (DOJ) to transfer all cases related to the killing of Negros Oriental Gov. Roel Degamo to the Manila Regional Trial Court. 


Remulla had cited three reasons in making the request: 


A.M. 23-03-04-SC:

🔗 https://pastepeso.com/2f38a99o 


Take note: 


"To stress, in criminal proceedings, improper venue is lack of jurisdiction because venue in criminal cases is an essential element of jurisdiction. Unlike in a civil case where venue may be waived, this could not be done in a criminal case because it is an element of jurisdiction. 


Thus, [one cannot] be held to answer for any crime committed by him except in the jurisdiction where it was committed. Be that as it may, Section 5 (4), Article VIII of the 1987 Constitution provides that the Court has the power to order a change of venue or place of trial to avoid a miscarriage of justice. 


Consequently, where there are serious and weighty reasons present, which would prevent the court of original jurisdiction from conducting a fair and impartial trial, the Court has been mandated to order a change of venue so as to prevent a miscarriage of justice. (NAVAJA vs. DE CASTRO citing Ala v. Judge Peras).


G.R. No. 182926 June 22, 2015

NAVAJA vs. DE CASTRO

👨‍⚖️ PERALTA, J.

Full case:

🔗 https://lawphil.net/judjuris/juri2015/jun2015/gr_182926_2015.html


📸: #Rappler | https://bit.ly/www-facebook_orig_post

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