Practice question
The Supreme Court validly orders a criminal venue change to avoid miscarriage of justice. The transferee court is otherwise competent. An objector relies solely on ordinary territorial location to declare the transfer impossible. Which is sound?
- The lawful constitutional transfer must be distinguished from the default rule
- Default venue negates every Supreme Court transfer
- Only the parties may ever transfer venue
- The original city owns the criminal case
- No exception to location exists
Legal references
- Rule110 Sections1–4 and15: https://lawphil.net/courts/rules/rc_110-127_crim.html
- 1987 Constitution ArticleVIII Section5(4), change of venue to avoid miscarriage of justice: https://lawphil.net/consti/cons1987.html
Answer this question in flashcards to review your response and continue practicing.