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PEOPLE VS GUTIERREZ

36 SCRA 172
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FACTS: Case of "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".
Witnesses petition for change of venue.
Circuit Trial court denies the petition of change of venue.
ISSUE: WON change of venue is allowable:
HELD:YES.
Supreme court reverses decision stating:
To compel the prosecution to proceed to trial in a locality where its witnesses
will not be at liberty to reveal what they know is to make a mockery of the
judicial process, and to betray the very purpose for which courts have been
established."

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