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Place Where Action Is To Be Instituted


Section 15.

VENUE IN CRIMINAL CASE IS JURISDICTIONAL, BEING
AN ESSENTIAL ELEMENT OF JURISDICTION.

PURPOSE: Not to compel the defendant to move to and appear in
a different court from that of the territory where the crime was
committed as it would cause him great inconvenience in looking
for his witnesses and other evidence in another place.

GENERAL RULE:
   - Penal laws are territorial; hence Philippine courts have no
     jurisdiction over crimes committed outside the Philippines.

        EXCEPTIONS:
        1. Those provided in Article 2 of the Revised Penal Code.
           Those who commit any of the crimes contemplated therein
           can be tried by Philippine courts.
        2. Where an offense is committed on a railroad train, in
           an aircraft or other public or private vehicle in the
           course of its trip, the criminal action shall be
           instituted and tried in the court of any municipality
           or territory where such train, aircraft or other vehicle
           passed during its trip, including the place of its
           departure and arrival.
        3. Where an offense is committed on board a vessel in
           the course of its voyage, the criminal action shall
           be instituted and tried in the court of the first port
           of entry or of any municipality or territory where the
           vessel passed during such voyage, subject to the
           generally accepted principles of international law.
        4. Piracy – has no territorial limits as it is a crime
           against all mankind.
        5. Libel – the action may be instituted at the election
           of the offended party in the province or city:
              a. where the libelous article is printed or first
                 published;
              b. If one of the offended parties is a private
                 individual, where said private individual
                 actually resides at the time of the
                 commission of the offense;
              c. If the offended party is a public official,
                 where the latter holds office at the time of
                 the commission of the offense.
        6. In exceptional circumstances- to ensure a fair trial
           and impartial inquiry. The Supreme Court shall have
           the power to order a change of venue or place of
           trial to avoid the miscarriage of justice
           (Sec. 5[4], Article VIII, 1987 Constitution),
        7. B.P. 22 cases- criminal action shall be filed in
           the place where the check was dishonored.

VENUE IS JURISDICTIONAL
   - The court has no jurisdiction to try an offense committed
     outside its territorial jurisdiction. It cannot be waived
     or changed by the agreement of the parties or by consent
     of the defendant.








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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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