15) People v. Pilotin (65 SCRA 635)

CRIMPRO DIGESTS G01 ATTY. ARNO V. SANIDAD

TOPIC: CRIMINAL JURISDICTION AUTHOR: Caro, Monica Celine A.

15) People v. Pilotin, 65 SCRA 635, 31 July 1975 Plaintiff-appellee: People of the Philippines Defendants-appellants: Camilo Pilotin, Vincent Crisologo, Isidro Pugal, Erning Abano

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Asked to comment on the motion, Provincial Fiscal of Ilocos Sur assented to the transfer of the trial venue to the New Bilibid Prisons

ISSUE/S: W/N the venue of Crisologo’s trial may be transferred given the facts of the case? YES.

RECIT READY: Crisologo motioned to be transferred to the New Bilibid prison on the ground that his life would be in jeopardy at the Vigan municipal jail due to his many political enemies. SC granted the motion to avoid a miscarriage of justice and because it would be absurd to compel him to undergo trial in a place where his life would be imperiled.

HELD: Section 5(4), Article X of the Constitution expressly empowers this Court to “order a change of venue or place of trial to avoid a miscarriage of justice”. Here, what is involved is not merely a miscarriage of justice but the personal safety of movant Crisologo, the accused. It would be absurd to compel him to undergo trial in a place where his life would be imperiled.

DOCTRINE: Section 5(4), Article X of the Constitution expressly empowers the Supreme Court to “order a change of venue or place of trial to avoid a miscarriage of justice”. Present hostile sentiment against the accused at the place of trial is a justification for transfer of venue. Change of venue involves not merely the change of the place of hearing but also the transfer of the expediente (casefile) of his case to another court

Present hostile sentiment against the accused at the place of trial is a justification for transfer of venue. The change of venue involves not merely the change of the place of hearing but also the transfer of the expediente of his case to another court.

FACTS: Vincent Crisologo filed a verified motion to be transferred to the New Bilibid Prison or alternatively, to Camps Crame, Aguinaldo, or Olivas, of the place of trial of a criminal case instituted in the MTC of Vigan, Ilocos Sur, where he was charged with illegal possession of firearms and ammunitions He alleged that his life would be in jeopardy if he were to be confined in the Vigan municipal jail because of the many political enemies his family had in that area (i.e., his father was shot to death while hearing mass at the Vigan cathedral).

Notes - The Constitution has vested the Judicial Power in the Supreme Court and such inferior courts as may be established by law (Article VIII, Section 13, [1937 Constitution]), and such judicial power connotes certain incidental and inherent attributes reasonably necessary for an effective administration of justice. One of these incidental and inherent powers of courts is that of transferring the trial of cases from one court to another of equal rank in a neighboring site, whenever the imperative of securing a fair and impartial trial, or of preventing a miscarriage of justice, so demands.

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