Philippine Bar review · Question

Practice question: Requisites

Multiple Choice Hard

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?
  1. The lawful constitutional transfer must be distinguished from the default rule
  2. Default venue negates every Supreme Court transfer
  3. Only the parties may ever transfer venue
  4. The original city owns the criminal case
  5. 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

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