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Philippine Bar review · Question

Practice question: Venue

Multiple Choice Hard

Practice question

An information alleges commission of an ordinary offense in City A, but the trial evidence establishes that the offense and every essential ingredient occurred entirely in City B. No special venue rule applies. The prosecution argues that the allegation alone permanently settles territorial jurisdiction. Is that correct?
  1. Yes; evidence of place is immaterial
  2. No; criminal territorial venue must be supported by the offense's actual location or an essential ingredient
  3. Yes; any Philippine court may convict of any ordinary offense
  4. Yes; the complainant's confidence in the prosecutor cures venue
  5. No; the accused's birthplace must always control instead

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule110 §§2–4,5 private-crime clauses,10,15–16 and Rule111; read §5 first paragraph with AM02-2-07-SC amendment.
  • https://lawphil.net/judjuris/juri2007/jun2007/gr_170298_2007.html — Isip v People, GR170298, June26 2007, MAIN decision (criminal territorial venue).

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