Change of venue of trial of criminal proceedings

Dear PAO,

Is it possible for a crime that was committed in Subic (Zambales) to be heard in Manila? I am confused
because my cousin was accused of multiple homicide and, during the trial of the case, the private
prosecutor moved that the trial be transferred to Manila, where the family of the victim resides. Thank
you.

Ronald

Dear Ronald,

Yes, it is possible. The Supreme Court may order the change of venue of trial of criminal proceedings
provided that the initiation should commence from the place where the crime was committed.

Section 15, Rule 110 of the Rules of Court provides that subject to existing laws, the criminal action shall
be instituted and tried in the court of the city or municipality or territory where the offense was
committed or any of its essential elements occurred. It may be noted, however, that under Section 5(4),
Article VIII of the Constitution, the Supreme Court shall have the power to order a change of venue or
place of trial to avoid miscarriage of justice.

These provisions are quoted below:

“Section 15. Place where action is to be instituted. —

(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed or where any of its essential ingredients
occurred.”

“Section 5. The Supreme Court shall have the following powers:

Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls and
over petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus.

Review, revise, reverse, modify or affirm on appeal or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts in:

All cases in which the constitutionality or validity of any treaty, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance or regulation is in question.

All cases involving the legality of any tax, impost, assessment or toll or any penalty imposed in relation
thereto.
All cases in which the jurisdiction of any lower court is in issue.

All criminal cases in which the penalty imposed is reclusion perpetua or higher.

All cases in which only an error or question of law is involved.

Assign temporarily judges of lower courts to other stations as public interest may require. Such
temporary assignment shall not exceed six months without the consent of the judge concerned.

Order a change of venue or place of trial to avoid a miscarriage of justice. xxx” (Emphasis supplied)

This was emphasized in the case of Datu Andal Ampatuan vs. Sec. Leila de Lima, as Secretary of the
Department of Justice, et al. (G.R. No. 197291, April 03, 2013) penned by Associate Justice Lucas
Bersamin, wherein the court allowed to transfer the venue of the trial of the Maguindanao massacre
from Cotabato City to Metro Manila, either in Quezon City or in Manila, to prevent a miscarriage of
justice. Moreover, the Supreme Court in its decision in the case of People of the Philippines vs. Mayor
Pablo Sola, et al. (G.R. No. L-56158-64, March 17, 1981) penned by former Chief Justice Enrique
Fernando explained that “to compel the prosecution to proceed to trial in a locality where its witnesses
will not be at liberty to reveal what they know is to make a mockery of the judicial process, and to
betray the very purpose for which courts have been established.”

Therefore, applying the foregoing to your case, as long as the initiation of the complaint or filing of the
information was done in the court of the city or municipality where the crime was committed and the
subsequent change of venue for trial is valid as long as the Supreme Court is convinced that there will be
a miscarriage of justice should the trial of the case be continued in the place where the crime was
committed.