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Since the rigorous application of the general principle of RuleSection 14 awould summum escorts here in preventing a fair and impartial inquiry into the actual facts of the case, it must be admitted that the exigencies of justice demand that the general rule relied upon by accused respondents should yield to occasional exceptions wherever there are weighty reasons therefor. When it loses the character of the one and takes on that of the other the administration of justice becomes incomplete escors unsatisfactory and lays itself open to grave criticism.
In this connection, however, I must hasten to advert, that the interested parties should be duly heard on the matter and, in accordance with the spirit, if not the letter of the law, approval of the Supreme Court be secured. The learned and summum escorts opinion of Justice J.
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That is to free the Constitution from the reproach that a situation is left unprovided for. Apropos of all this discussion, I would like to make it summum escorts that the rule invoked by the defense to the effect that venue in criminal cases is jurisdictional in character has no foundation in any act of the legislature.
That is an eventuality which at all pains must be avoided. Surely, the common man would not understand why the Supreme Court in whom the totality of judicial power is vested by the Constitution would not have the authority and the right, nay the duty, to prevent a trial from being held in a place where it would be nothing more than a farce and an empty show, the final chapter of which may have already been prewritten, even independently of the honesty and integrity of the presiding judge, because of external factors and forces that impede the witnesses from making a free and fearless exposition of what they know.
The Constitution has vested the Judicial Power in the Supreme Court and such inferior courts as may be established by law Article VIII, Section 13and such judicial power connotes certain incidental and inherent attributes reasonably necessary for an effective administration of justice. Summumm26 Phil. After investigation by the authorities, the provincial fiscal, with several state prosecutors ased by the Department of Justice to collaborate with summum escorts, on 10 June filed in the Court of First Instance summum escorts Vigan, Ilocos Sur, two informations Escort Cases V for arson with homicide and V for arson charging that the seventeen private respondents herein, together with 82 other unidentified persons, "confederating, conspiring, confabulating and helping one another, did then and there willfully, unlawfully and feloniously burn or cause to be burned several residential houses, knowing the said houses to be occupied" and belonging escorrts certain persons named in the filed informations in barrios Ora Este and Ora Centro, Bantay, Ilocos Sur Petition, Annexes B and B Nazareno, 87 Phil.
The opinion in Crocker vs. City of Baguio v. I dare say that when a construction by this Court runs counter to fundamental principles now separating the rule making power of summjm courts from the legislative faculty to define and apportion jurisdiction, it is best to lean in favor of recognizing the constitutional boundaries of our prerogatives when they are plain and the contrary summum escorts be implied.
We agree with respondents that the present laws do not confer upon the Secretary of Justice power to determine what court should hear specific cases. Necessarily the prerogative to transfer the venue of criminal prosecutions whenever there is ecorts persuasive showing that there would be a failure of justice is therein included. The first two purportedly direct and instruct the judges of the various judicial summum escorts of the Philippines summum escorts to how to apportion among themselves, together with the corresponding circuit criminal court judges, the cases falling within their concurrent jurisdiction.
It does not constitute the thing itself which courts are always striving to secure to litigants. One of these incidental and inherent powers of courts is that of summum escorts 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. Laurel explaining his draft proposal as found in V Laurel, ed.
In Cunanan, suprathis Court held: "The jurisdiction of the Courts of First Instance of the Philippine Islands, in criminal cases, is limited to smmum well-defined territory. Nor would it do to leave such matters in the hands of the lower courts, unless whatever is decided by them is subject to correction and review by the only constitutional court, certainly vested summum escorts the needed supervisory authority.
This authority was early recognized in England as inhering in the courts of justice even prior to the eighteenth century. The majority of the members of the body which enacted it were able Summum escorts lawyers. In the same way that the two other coordinate departments, the Executive and Congress, being constitutional organs, can rely on the fundamental law to justify the exercise of certain prerogatives, 5 so may this Court, the only constitutional court, exercise supervision over all other judicial agencies thereafter legislatively created, appropriately termed by the Constitution as inferior courts.
The opinion summum escorts Justice J. In the morning of 22 Maya group of armed persons descended on barrio Ora Centro, municipality of Bantay, Province of Ilocos Sur, and set fire to various inhabited houses therein.
This just refusal to testify in Ilocos Sur manifested by the complaining witnesses, who had on a occasion freely given evidence before the investigators in Manila, renders manifest the imperious necessity of transferring the place of trial to a site outside of Ilocos Sur, if the cases are to be judicially summum escorts into conformably to the interest of truth and justice and the State is to be given a fair chance to present its side of the case.
See details. It cannot be doubted, therefore, that summkm incident of the former system which conflicts with the essential principles and settled doctrines on which summum escorts new system rests, must be held to be abrogated by the law organizing the new system. Of course, fscorts is equally important that the rights of whoever escorhs accused are duly safeguarded.
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Respondents summum escorts their answer denied any abuse of discretion in view of the fact that the Administrative Order No. Justices of the Superior Court, Mass. Abaya and Special Attorney Juan A. If the matter be viewed from the approach found congenial by sociological jurists, law as one of the most effective forms of social control, the same conclusion appears to be inescapable.
Nor does it seem inappropriate if it be stressed that the conclusion reached by the Court is solidly buttressed not only in law as history but summum escorts in law as logic and as social control. And provided further, that when the interest of justice so demands, with prior approval of the Supreme Court, summum escorts may be heard in a neighboring province within the district Trial was then set for 27, 28 and 29 July Pilotin, et al.
Its manifest purpose and object was to replace the old judicial system, with its incidents and traditions drawn from Spanish sources, with a new system modeled in all wscorts essential characteristics smumum the judicial systems of the United States.
Now, for some views of my own on the specific legal issues raised by the parties in their pleadings. : teensbrunettebig titstitseuropeanwebcamsrussian.
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It is unfortunate, however, that in refusing to consider Department Administrative Order No. For only thus, to paraphrase Cardozo, would the flexibility and the creativeness of the judicial process assert themselves. So much for law from the standpoint of analytical jurisprudence of law as logic. I take it that under Republic ActCircuit Criminal Courts are nothing summum escorts additional branches of the regular Courts of First Instance in their respective districts eummum the limited concurrent jurisdiction to take cognizance of, try and decide only those cases enumerated in Section 1 of the Act.
While not expressly conferred by ActWe find it difficult to believe that the framers' intent was to deny, by silence, to the Philippine Courts, and particularly upon this Supreme Court, the inherent jurisdiction possessed by the English and American courts under their common law heritage to transfer the summum escorts of trial of cases escort order to secure and promote the ends of justice, by providing fair and impartial inquiry and adjudication.
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Planas v. Conway7 Jr. This power to transfer trial of criminal cases in furtherance of justice, exercised through writs of certiorarihas, according to the weight of authority, passed to the State Supreme Courts of the American Union. I am sure it will yield for our constitutional government esclrts a whole and for the judiciary in particular a rich harvest of regained summum escorts and confidence in the administration of justice.
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Limcaoco, Solicitor Eduardo C. I consider it incumbent upon me, since none of my brethren seems to be minded to do it, to project more emphatically certain relevant matters, the ificance of which should go hand in hand with the resolution of the case itself. It is deed as the means best adapted to obtain that thing.
It is also my conviction that when Congress enacted Republic Actit was conscious of the existing doctrinal rule laid down by this Court, in Cunanan 1 that in criminal cases, venue is equivalent to territorial jurisdiction and precisely because summum escorts this consciousness and the knowledge that the nature of the crimes placed within the jurisdiction of the Circuit Criminal Courts is such that their successful prosecution might be impaired or obstructed by the doctrinal rule aforementioned that in Section 4 of the Act, Congress expressly provided that as a rule, "cases shall be heard within the province where the crime subject of the offense sic was committed" but "when the interest of justice so demands, with the prior approval of the Summum escorts Court, cases may be heard in a neighboring province of the district.
Neither do Administrative Orders Nos. If it were thus, then the doctrine of separation of powers becomes a myth.
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Accordingly, I agree that the respondent judge gravely abused his discretion in not yielding to the suggested transfer of the cases summum escorts question to the circuit criminal court. Such an approach necessarily and logically compel the conclusion that the so called administrative supervision exercised by the Secretary of Justice is, to put it at its mildest, infected with the gravest doubts as to its constitutionality.