CONSTITUTIONAL LAW REVIEW

G.R. N L-32282-83 (36 SCRA 172)

Date: 26.11.1970

PEOPLE vs. GUTIERREZ

Petitioner: PEOPLE OF THE PHILIPPINES
Respondents: 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

Facts:
Private respondents were charged with arson for the burning of several inhabited houses in barrios Ora Centro and Ora Este,
municipality of Bantay, Province of Ilocos Sur on 22 May 1970, resulting in the death of an old woman. Two informations for arson
with homicide (Criminal Case 47-V) and arson (Criminal Case 48-V) were filed against them on 10 June 1970 in the Court of First
Instance of Vigan, Ilocos Sur. Five days later, Camilo Pilotin and Vincent Crisologo (Edrixs dad) voluntarily appeared before Judge
Gutierrez after posting bail.
In the same day, the Secretary of Justice issued administrative orders authorizing Judge Lino Anover from the Circuit Criminal Court
in San Fernando, La Union, to hold a special term in Ilocos Sur, and Judge Gutierrez to transfer the subject criminal cases to the
aforementioned Circuit Criminal Court in the interest of justice. Invoking the said administrative orders, the prosecution moved for
the transfer of the hearing from Vigan to San Fernando. The accused opposed on the ground that they have entered their pleas.
The motion was denied, and petitioners filed a petition for certiorari and mandamus before the Supreme Court, which enjoined
respondent judge from proceeding with the trial until further orders.

Issue:

Did Judge Gutierrez act with grave abuse of discretion in denying the motion to transfer the hearing from Vigan to San
Fernando? YES.

Held:
Republic Act No. 5179 created Circuit Criminal Courts to expedite the disposition of criminal case and reduce the burden of regular
CFIs. However, they do not permit the transfer of preselected criminal cases from regular courts to the aforesaid circuit
courts. Neither do the administrative orders mandate such transfers through any methods. Such orders merely
authorized the judges involved to transfer the cases from one court to another.
It was unfortunate that the construction of the administrative orders by the judge may result in a miscarriage of justice. The
prosecution sufficiently proved that hearing the case in Vigan would be detrimental to their safety and security, mainly due
to the fact that one of the accused, Vincent Crisologo, belongs to an influential family. Crisologos parents (Congressman
and Governor Crisologo) actively supported Judge Gutierrezs promotion from Clerk of Court to CFI Judge.
Even though the Rules of Court provide that criminal actions may only be instituted within the jurisdiction where the crime was
committed, it does not follow that hearings may only be conducted within such jurisdiction. Otherwise, a rigid construction
would result in grave injustice, especially when the safety and security of the prosecution and the influence of the accused or his
family can prejudice the outcome of the proceedings. The Constitution vested judicial powers with the Supreme Court and lower
courts as established by law. Inherent in such judicial power is the power to order the transfer of cases from one court to
another in the interest of justice. In fact, Section 4 of RA 5179 authorizes such transfer, with the approval of the Supreme
Court.

Petition granted; transfer of cases to another court ordered; accused ordered to file bail bonds..

JULIAN S. MONTANO IV (4-A)

ARTICLE VIII, SECTION 5
30.8.2011
ATTY. SEDFREY M. CANDELARIA