[A.M. No. 02-1-33-RTC. January 22, 2002]
Gentlemen:
Quoted hereunder, for your information, is a
resolution of this Court dated JAN 22 2002.
A.M. No. 02-1-33-RTC (Re: Transfer of Venue of Trial of Crim. Case No.
777-3 Entitled: People vs. Nur Misuari, et al. for Rebellion.)
Acting on the (A) Letter of Mr.
Nur Misuari, dated January 9, 2001, requesting that (1) the venue of the
trial of the rebellion case filed against him be in Jolo, Sulu; (2) he be
allowed free access to media even on regulated basis in order to let the people
know the truth; (3) he be allowed to undergo a complete medical check-up at
the Makati Medical Center; and (4) he be allowed to have a lap-top computer
with printer so that [he] can submit more direct letters and petitions to this
Honorable Court and other offices; (B)
Consolidated Comment, dated January 18, 2002, filed by the Office of the
Solicitor General on behalf of the Department of Justice (DOJ), Department of
Interior and Local Government (DILG) and the Philippine National Police (PNP); (C) Compliance, dated January 18, 2002,
filed by Atty. Arthur D. Lim on behalf of Mr. Misuari and (D) Memorandum of the Office of he Court Administrator (OCA), on
the above subject, and after careful deliberation and purposeful discussion,
the Court hereby RESOLVES as follows:
(1) ADOPT the recommendations of OCA to grant the request of the
DOJ to transfer the venue of the trial of Criminal Case No. 777-3, entitled People v. Nur Mirsuari, et al. for
rebellion from the Regional Trial Court (RTC) of Jolo, Sulu, Branch 3, to the
RTC of Calamba, Laguna, Branch 36, presided by Executive Judge Norberto Y.
Geraldez. The trial and hearing shall be conducted in the regular courtroom of
said Branch until such time that a temporary courtroom is provided within the
premises of Port Sto. Domingo, Sta. Rosa, Laguna. The PNP is directed to
increase and strengthen the present level of security surrounding the said Camp
and its vicinity to ensure the safety and well-being of the constituents of
Sta. Rosa, Laguna.
As claimed by Misuari, a criminal action under Section 15 of rule 110
of the Rules of Court should normally be instituted and tried in the court that has jurisdiction over the place where
the offense was committed. However, this Court has transferred venues of cases
when the interest of justice so requires (People
v. Gutierrez, 36 SCRA 172; Beltran v.
Ramos, 96 Phil. 149; and People v. Sola, 103 SCRA 393).
Thus, under Section 5(4) of Article VIII of the Constitution, the
Supreme court is granted the power to order a change of venue or place of
trial to avoid a miscarriage of justice. In exercising this power in the
present case, the Court took careful note of the OSGs submission that while
Misuari and seven (7) of his men were apprehended by government authorities,
the rest of the estimated 300-400 heavily-armed MNLF faction loyal to Misuari
remain at large and are free to continue their terroristic activities, as
shown by their attack on the 104th
Brigade Headquarters of the Philippine Army on November 19, 2001.
To conduct trial in a place where witnesses will not safely be at
liberty to reveal their knowledge will make a mockery of a judicial proceeding.
(2) REFER the three other requests of Mr. Misuari regarding his
access to media, medical check-up and use of a computer to the DOJ, DILG and
the Bureau of Jail Management and Penology, for appropriate action consistent
with fairness and existing rules. In accordance with the doctrine of primary
jurisdiction, these offices are authorized by law to act on these requests. The
judiciary especially this Court does not act on matters that are best
handled by the government agencies specifically tasked by law to do so. Courts
are mere passive institutions which, as a rule, are merely called upon to
review, and not preempt or take-over, the exercise of the functions of
appropriate agencies of the government. Of course, where there is error or
abuse or neglect in such exercise, recourse to the proper courts, consistent with the law and rules, is always an
option.
Very
truly yours,
Clerk of
Court
(Sgd.)
MA. LUISA D. VILLARAMA
Asst.
Clerk of Court