Practice question
A criminal offense and all its essential ingredients occurred in City G. No special venue rule or lawful transfer applies. The parties privately agree to trial in City H, where no ingredient occurred, and invoke ordinary civil-venue waiver. Which is correct?
- Criminal territorial competence can always be created by private agreement.
- The civil-waiver approach cannot substitute for Rule 110's criminal place-of-commission requirements.
- Only the prosecutor's residence matters.
- The victim's preference conclusively controls.
- Any city is proper if the accused expects acquittal.
Legal references
- A.M. No. 19-10-20-SC, Rules 4 and 8 Section 12, civil venue and affirmative defenses: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rules of Criminal Procedure, Rule 110 Sections 10 and 15, criminal place of commission: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Galang v Wallis, G.R. No. 223434, July 3, 2019, main decision, general and special jurisdiction (not historical monetary thresholds): https://lawphil.net/judjuris/juri2019/jul2019/gr_223434_2019.html
Answer this question in flashcards to review your response and continue practicing.