EN BANC

[A.M. No. 10-1-06-RTC : January 12, 2010]

RE: PETITION FOR CHANGE OF TRIAL VENUE OF CRIMINAL CASE NO. SA-198, PEOPLE V.
DATA ANDAL AMPATUAN, SR., ET AL. FOR REBELLION FROM THE REGIONAL TRIAL COURT
OF COTABATO CITY TO THE REGIONAL TRIAL COURT OF QUEZON CITY.

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of the Court En Banc dated January 12,
2010

"A.M. No. 10-1-06-RTC (Re: Petition for Change of Trial Venue of Criminal Case No. SA-
198, People v. Data Andal Ampatuan, Sr., et al. for Rebellion from the Regional Trial Court
of Cotabato City to the Regional Trial Court of Quezon City.)

For consideration of the Court are the following:

1. Letter dated December 23, 2009 of Acting Secretary Agnes VST Devanadera, Department of
Justice, requesting for transfer of venue of Criminal Case No. SA-198, entitled "People of the
Philippines v. Data Andal Ampatuan, Sr., et al.," for rebellion from the Regional Trial Court of
Cotabato City to the Regional Trial Court of Quezon City, citing the following as grounds therefor:
a. The events occurring in the aftermath of the Maguindanao Massacre reinforce the notion that
the Philippines is now the most dangerous place for journalists;

b. This is considered by media organizations as a flagship case because of the interest it has
generated in the local and international press due to the perceived clout of the suspects who belong
to very influential and powerful political clans that virtually rule Maguindanao as its fiefdom;

c. Although a panel of prosecutors composed of city, provincial and state prosecutors has been
formed to prosecute this case, witnesses remain reluctant to fully disclose what they know if the
case will be tried in the very heart of the accused's territory; and

d. These factors do not instill confidence in the mind of potential witnesses, court personnel and
complainants that their security will not be compromised if trial is held in Maguindanao.
2. Letter dated January 4, 2010 of Atty. Philip Sigfrid A. Fortun of Fortun Narvasa & Salazar Law
Offices, counsel for the accused, opposing the request for change of venue arguing that it will be
practical and protective of the accused's right to due process if venue be maintained in Mindanao for
accessibility to the courts and convenience to those charged. He thus requests that venue be
maintained in Cotabato City or any other appropriate place in Mindanao, such as Davao City or
General Santos City. Paragraph 4, Section 5, Article VIII of the Constitution provides that the Court
may order a change of venue or place of trial to avoid a miscarriage of justice.

The purpose of the provision is to ferret out the truth from the opposing claims of the parties in a
controversy by means of a fair and impartial inquiry. Consequently, where there are serious and
weighty reasons present that would prevent the court of original jurisdiction from conducting a fair
and impartial trial, this Court has been mandated to order a change of venue so as to prevent a
miscarriage of justice.[1] Among the reasons sufficient to justify a change of venue is the reluctance
of witnesses to testify-out of fear for their personal security. Corrolarily, a hostile sentiment against
the accused at the place of the trial, giving rise to the possibility that his life could be placed in
clanger, is sufficient and justifiable cause to order a change of venue of the trial.[2]

In view of the foregoing considerations and the proximity of Camp Crame to the Regional Trial Court
of Quezon City, the Court deems it best that the hearing of the case be lodged before the Regional
Trial Court of Quezon City provided that the proceedings be conducted in an appropriate place in
Camp Crame, with adequate equipment and facilities sufficient to accommodate the court
personnel, counsels of the parties and the parties and witnesses to ensure the safety and security of
the Presiding judge, the court personnel and the parties and their counsels and witnesses.

CONSIDERING THE FOREGOING, the Court RESOLVES to:

1. NOTE and GRANT the Letter dated December 23, 2009 of Acting Secretary Agnes VST
Devanadera, Department of Justice;

2. NOTE the Letter dated January 4, 2010 of Atty. Philip Sigfrid A. Fortun of Fortun Narvasa &
Salazar Law - Offices, counsel for the accused;

3. DIRECT the Executive Judge of the Regional Trial Court of Cotabato City to IMMEDIATELY
FORWARD the records of the case to the Executive Judge of the Regional Trial Court of Quezon
City;

4. DIRECT the Executive Judge of the Regional Trial Court of Quezon City
to IMMEDIATELY RAFFLE the case to a branch thereat and COORDINATE with the authorities of
Camp Crame for the proper conduct of trial in an appropriate place in Camp Crame sufficient to
accommodate the court personnel, counsels of the parties, the parties and then-witnesses; and

5. DIRECT the judge to whom the case is raffled to try and hear Criminal Case No. SA-198 with
dispatch; and

6. DIRECT the Office of the Court Administrator to ensure the proper implementation of this
Resolution."
Very truly yours,

(Sgd.) MA. LUISA D. VILLARAMA