Mondiguing v Abad (1975) In criminal cases, it is necessary to prosecute and punish the criminal in the

Petitioners: Alipio Mondiguing and Andres Dunuan
Respondents: Hon. Francisco Men Abad, Judge of CFI of Ifugao; People of
the Philippines; Pactiw alias Bugbug; Abluyen and Abluyen
Resolution
Ponente: Aquino
An ambuscade occurred at Baag, Banaue, Ifugao on July 23, 1970. Governor
Gualberto Lumauig of Ifugao was wounded and his exec assistant and his
driver were killed. Alipio Mondiguing and Andres Dunuan are 2 of 10
defendants accused of double murder, frustrated murder and attempted
murder. The accused in the case have not yet been arraigned.
Mondiguing and Dunuan filed a petition to transfer the venue of the case
from Lagawe, Ifugao to Baguio City or Quezon City. They claimed that they
could not expect a fair and impartial trial in Lagawe because Judge Francisco
Men Abad (respondent) of CFI is a protégé of Governor Lumauig and
because their witnesses would be afraid to testify for fear of harassment
and reprisals.
very place, as near as may be, where the crime was committed.
SC is invested with the prerogative of ordering “change of venue or place of
trial to avoid a miscarriage of justice” (Sec 5[4] Art X of the 1973
Constitution). “It possesses inherent power and jurisdiction to decree that
the trial and disposition of a case pending in a CFI be transferred to another
CFI within the same district whenever the interest of justice and truth so
demand, and there are serious and weighty reasons to believe that a trial by
the court that originally had jurisdiction over the case would not result in a
fair and impartial trial and lead a miscarriage of justice” (People v
Gutierrez).
Another relief sought by Mondiguing is to be transferred from the Philippine
Constabulary HQ at Lagawe to Camp Craqme. This should be submitted to
the Circuit Criminal Court for consideration.
The said case should be transferred to the Circuit Criminal Court of the
Second Judicial District to Baguio City.

Acting SolGen did not object but suggested the venue be moved to Isabela
because of its proximity to Ifugao.

Judge Abad said that if there were to be bias on his part, it would be in favor
of the People of the Philippines. He said the crime charged was not
“committed personally against” Governor Lumauig. (SC said statement is
not correct because the governor is one of the victims)
>Abad was already disqualified from trying the electoral protests
filed by Paredes and Uyan against Lumauig and Langbayan. It was alleged
that Judge Abad was a political leader of Gov Lumauig and was
recommended to his position by the brothers.

Issue: WON Mondiguing’s plea for a change of venue is justified. YES