G.R. No. L-32282-83 November 26, 1970
PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. MARIO J. GUTIERREZ, Judge of the Court of First Instance of Ilocos Sur, CAMILO PILOTIN, FRANCISCO PIANO, DELFIN PIANO, PEDRO PATAO, VINCENT CRISOLOGO, CAMILO PIANO, CAMILO PATAO, PEDRING PIANO, ISIDRO PUGAL, ANTONIO TABULDO, LORENZO PERALTA, VENANCIO PACLEB, ANTONIO PIANO, FERMIN PUGAL, CARLITO PUGAL, FLOR PIANO, ERNING ABANO and EIGHTY-TWO (82) JOHN DOES, respondents.

FACTS

On May 22, 1970, armed persons burned houses in barrios Ora Centro and Ora Este, Bantay, Ilocos Sur, resulting in the death of Vicenta Balboa. Two informations for arson with homicide and arson were filed on June 10, 1970, in the Court of First Instance (CFI) of Ilocos Sur (Criminal Cases Nos. 47-V and 48-V) against seventeen named respondents and 82 unidentified persons. Accused Camilo Pilotin and Vincent Crisologo posted bail, were arraigned, and pleaded not guilty on June 15, 1970, with trial set for July 27-29, 1970. On June 15, 1970, the Secretary of Justice issued Administrative Order No. 221, authorizing a Circuit Criminal Court judge to hold a special term in Ilocos Sur. On June 18, 1970, Administrative Order No. 226 was issued, authorizing Judge Mario Gutierrez to transfer the cases to the Circuit Criminal Court. On June 22, 1970, the prosecution moved for transfer, citing the Administrative Orders and affidavits from witnesses who feared for their safety if they testified in Vigan, Ilocos Sur. The accused opposed the transfer. On July 20, 1970, respondent Judge Gutierrez denied the motion, reasoning that Administrative Order No. 258 only allowed transfers for expeditious disposal and the accused had already pleaded, and that a change of venue should have been sought from the Supreme Court at the inception. The prosecution then filed this petition for certiorari and mandamus to annul the denial order, compel transfer to the Circuit Criminal Court, and authorize trial in San Fernando, La Union, or Baguio City.

ISSUE

1. Whether the Secretary of Justice has the power to transfer specified individual cases from a regular Court of First Instance to a Circuit Criminal Court.
2. Whether the Supreme Court has the inherent power to transfer the trial of a case from one court to another within the same district in the interest of justice.
3. Whether, under the circumstances of this case, the trial of Criminal Cases Nos. 47-V and 48-V should be transferred from the CFI of Ilocos Sur to the Circuit Criminal Court of the Second Judicial District.

RULING

1. No. Republic Act No. 5179 creating Circuit Criminal Courts did not authorize the Secretary of Justice to transfer specified individual cases thereto. Administrative Orders Nos. 258 and 274 provided for transfer by raffle, not executive selection. Administrative Order No. 226 merely authorized, and did not command, the transfer, recognizing the impropriety of imperatively directing such transfer. Respondent Judge correctly construed it as permissive and not mandatory, acting within his discretion.
2. Yes. The Supreme Court, in the exercise of the Judicial Power vested by the Constitution, possesses inherent power and jurisdiction to decree that the trial of a case pending in a CFI be transferred to another CFI within the same district whenever the interest of justice so demands, and there are serious reasons to believe that a trial by the original court would not result in a fair and impartial trial and would lead to a miscarriage of justice. This power is rooted in the court’s duty to ensure a fair trial and is supported by historical and legal principles allowing for a change of venue to avoid prejudice.
3. Yes. The trial should be transferred. There were sufficient and adequate reasons for transfer in the interest of truth and justice: the prosecution witnesses, who were the complainants, refused to testify in Vigan due to fear for their lives, supported by affidavits; 82 armed participants remained unidentified and at large; accused Vincent Crisologo belonged to an influential family in the province (son of the Congressman and Governor); Constabulary reports indicated a high number of unsolved murders in Ilocos Sur; and the promotion of respondent Judge Gutierrez was actively supported by the parents of accused Crisologo. This fear was not fanciful and created an imperious necessity to transfer the place of trial outside Ilocos Sur to allow the State a fair chance to present its case.
DISPOSITIVE PORTION:
The writs of certiorari and mandamus are granted. The order of respondent Judge dated July 20, 1970, is sustained insofar as it holds Administrative Order No. 221 is not mandatory, but is declared in grave abuse of discretion and set aside insofar as it declines to transfer the trial. The respondent Court is directed to remand Criminal Cases Nos. 47-V and 48-V to the Circuit Criminal Court of the Second Judicial District for hearing (in Baguio or San Fernando, La Union) and further proceedings. The accused are required to file new bail bonds with the Circuit Criminal Court under the same terms within fifteen days from the finality of the decision. No costs.