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