People v. Matira

EN BANC

[A.M. No. 17-03-86-RTC. September 19, 2017.]

RE: TRANSFER OF VENUE OF CRIMINAL CASE NOS. B-17-03-50 AND B-17-03-51, PEOPLE vs. PSUPT. MATIRA, ET AL.

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated SEPTEMBER 19, 2017, which reads as follows:

"A.M. No. 17-03-86-RTC (Re: Transfer of Venue of Criminal Case Nos. B-17-03-50 and B-17-03-51, People v. PSupt. Matira, et al.). — Before the Court is the letter 1 dated March 22, 2017 of Judge Carlos O. Arguelles (Judge Arguelles), Presiding Judge of Branch 14, Regional Trial Court (RTC) of Baybay City, Leyte, recommending the transfer of venue of Criminal Case Nos. B-17-03-50 and B-17-03-51 from Baybay, Leyte, to another venue preferably in Manila.

These cases involve the policemen who were serving the search warrant at the Sub-Provincial Jail in Baybay City, Leyte, which resulted to the death of Mayor Rolando Espinosa (Mayor Espinosa) and Raul Yap. On March 16, 2017, Judge Arguelles issued warrants of arrest against the accused policemen, who are now temporarily detained at the jail facility of the Criminal Investigation and Detection Group (CIDG), Regional Office No. VIII, Tacloban City. Judge Arguelles is concerned about the security of the accused as well as that of the court personnel. He pointed out that Albuera, Leyte, Mayor Espinosa's hometown, is too close to Baybay City, and that there is always a possibility of vindication or retaliation from certain groups that might ride on the issue to create chaos, and sacrifice the lives of the parties involved. TIADCc

It may be recalled that Judge Arguelles was the presiding judge in Criminal Case Nos. B-16-10-154-155, People v. Espinosa, et al., who issued the arrest warrant, and commitment order, committing Mayor Espinosa to the Baybay Sub-Provincial Jail where he was shot to death. At that time, Mayor Espinosa had filed a Very Urgent Motion of Transfer of Detention, which was not resolved until his death.

Upon the recommendation of the Office of the Court Administrator (OCA), the Court issued a Resolution 2 on April 4, 2017, requiring Atty. Michelle Marie Polo, Assistant Provincial Prosecutor in Baybay City, Leyte, and defense counsels Atty. Mark Tadena, Atty. Giovanne Taboada, and Atty. Andrew Astilla to comment within five (5) days from notice on the letter of Judge Arguelles.

In their Comment/Manifestation 3 dated May 8, 2017, the prosecutors designated to handle these cases, Ma. Arlene Hunamayor-Cordovez, Fabio A. Siosana, Rommel E. Anagap, Melissa R. Macapugas and Michelle Marie Polo-Tesorero, manifested that they do not interpose any objection to the transfer of venue of the subject cases.

However, the Court notes that Atty. Mark Tadena, Atty. Giovanne Taboada and Atty. Andrew Astilla, the counsels for the accused, failed to file their Comment on the letter of Judge Arguelles pursuant to our April 4, 2017 Resolution. Thus, the Court resolves to dispense with the filing of the said Comment.

As a rule, transfer of venue of cases is governed by Section 5, paragraph 4, Article VIII of the 1987 Constitution which provides:

Sec. 5. The Supreme Court shall have the following powers:

xxx xxx xxx

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

"[W]here there are serious and weighty reasons present, which would prevent the court of original jurisdiction from conducting a fair and impartial trial, the Court has been mandated to order a change of venue so as to prevent a miscarriage of justice." 4 In this case, the security of the accused, as well as that of the court personnel are placed in danger, hence, there would be a miscarriage of justice if the criminal proceedings were to proceed at the RTC of Baybay City, Leyte.

WHEREFORE, premises considered, the recommendation of Judge Carlos O. Arguelles, Presiding Judge of Branch 14, Regional Trial Court of Baybay City, Leyte, is APPROVED. Accordingly, the clerk of court of Branch 14, Regional Trial Court of Baybay City, Leyte is hereby ORDERED to forward the records of Criminal Case Nos. B-17-03-50 and B-17-03-51 to the clerk of court of the Quezon City Regional Trial Court. The Executive Judge of the Quezon City Regional Trial Court is directed to raffle these cases among the branches thereat and for the judge to whom the case would be raffled to hear, try and decide the case with dispatch." Sereno, C.J., on official leave. Perlas-Bernabe, Tijam and Gesmundo, JJ., on official business. (adv2o)

 

Very truly yours,

 

(SGD.) FELIPA B. ANAMAClerk of Court

 

Footnotes

1.Rollo, pp. 3-4.

2.Id. at 5-6.

3.Id. at 7-8.

4.Ala v. Judge Peras, 676 Phil. 192, 219 (2011).