Criminal Procedure. Atty. Tranquil Salvador Lecture. 2010.
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kaming nakakaintindi nito no.
baka ilan lang kaming nakakaintindi kaya ipapaliwanag ko. “sir ba’t ganun? Sinabi
it kayo ng ulit, venue is jurisdictional, now you’re telling us, that the venue of trial is wht? Can betransferred? So sir you’re wrong?!” NO the constitution gives the SC the POWER to allow the transfer of trial to
another venue IF the lives of the witnesses will be endangered. If there will be a risk in the administration of justice. The SC can transfer it. For better understanding, let me give you actual examples, do you follow? Because
for students, “ah ganun ba?” pag uwi nyan nakalimutan na! the most
recent case of the MAGUINDANAO massacre.Do u follow? The crime was committed where? In Maguindanao, tama ba ko? Hindi naman cotabato un,maguindanao, it was committed in Maguindanao. E bat nasa quezon city na ngayon? Di nyo ba tinatanong un?Okay na din yan, kasi wala namang nag oobject e, ganun naman sa atin e, kung saan ang agos OKAY. Can u follow?Maguindanao massacre where is it being tried today?! who is the judge handling the case? A judge of QC. And whywas it transferred? 1. It was applied for in the SC, and in the interest of justice, allowed the transfer of the venue of trial. The venue of trial is not the SAME as the venue for purposes of INSTITUTING THE ACTION. Can u follow?Again, the venue of trial
yes could be transferred
is different from the venue for purposes of instituting theaction. Can u follow? What is that venue for purposes of instituting the action? Venue is jurisdictional.Now, let me further explain this maguindanao massacre scenario.The crime was committed in maguindanao.Where was the action instituted? In qc? If we follow the rule that venue is jurisdictional, that could only beinstituted where? In maguindanao.That is why inquest proceedings were conducted where? in maguinadanao.Can u follow?U cannot do it elsewhere. Even if the SC allows it. Because venue is jurisdictional. You will have to fileit in maguindanao and once the information is, once you find probable cause, information is filed in court, thevenue of the trial can it be transferred? YES! The venue of trial can be transferred.Now let us move on to another item. Which I think, the next few items class that I will discuss with you in the nexthour, or maybe in another 30-45 minutes will be, jurisdiction of the Sandigdanbayan. I noticed, let me call yourattention, I noticed that in 2005, there was a question on special prosecutor.hmm..narinig nyo ung specialprosecutor? Last year, there was another question on special prosecutor. However, more recently, you have to bevery careful with this, sir why? Because of the rules of procedure on? Environmental cases. Kaya lang hindi kasama
yan sa bar e binabanggit ko lang senyo, ok meron, which took effect in April “sir buti na lang hindi kasama sa cut
off!” kaso mabuti alam nyo rin! baka mamaya may maglaro e “what is t
writ of kalikasan
?” ayan mga ganyanhaha..kailangan alam nyo yan, kaso hindi ko trabaho…o kita nyo nagugulat kayo, HANAPIN nyo! It is a writ that you
could apply for, only the SC and the CA to be applied by the offended party any juridical entity or NGO to protectwhat? an environment. Because there will be a what? An actual violation or a threatened violation of ecology or
environment, that is what you call writ of…baka gelatin kayo e..kasi kami yung writ of amparo e, yung unang una?
Kami un! We were the first one! In 1991 the writ of amparo. Pag sinampolan kayo ng writ of kalikasan. Anu pangmeron? A continuing mandamus, merong ganun! Baka gulatin kayo, an application for a continuing mandamus,
today, ok? So…also in that procedure let me just touch on t
his, para hindi kayo magugulat, kasi nasa dyaryo yan e!anu pa? special prosecutor. There is a special prosecutor in that procedure on environmental cases. Who is aspecial prosecutor? If u know, in criminal cases, the State is represented by who? The public prosecutor, correct?And the offended party is represented by the private prosecutor, correct? But the law on environmental casesunderstands that there are certain violations where there is no private offended party. Do u follow? So the counselin thos
e cases when there’s no private offended party wherein a person or a juridical entity named sa counsel is
what you call a special prosecutor. Ok? He is what you call a special prosecutor.Now, to continue. Ok pa ba kayo? Baka naman tulugan nyo ko a?
wag kayo matutulog, pati kung matutulog kayodilat pa rin kayo. Wag kayong matutulog. Now lets move on. Let us look at sandiganbayan. And I would like todiscuss the case of People v. SB an Aug 25 2009 case, GR 167304, ok. how would I want u to remember the