Pursuant to its constitutional power to order a change of venue to avoid a miscarriage of justice, the Supreme Court’s Second Division yesterday granted the request of Department of Justice (DOJ) Secretary Jesus Crispin C. Remulla to move the venue of two criminal cases against Apollo C. Quiboloy from the Regional Trial Court (RTC) of Davao City to the RTC of Quezon City.
In A.M. No. 24-04-29-RTC (Re: Transfer of Venue of Criminal Case Nos. R-DVO-24-1439-CR and R-DVO-24-01440-CR)), the Court found compelling reasons to justify the transfer of venue as the cases involve public interest, with the accused, a well-known religious leader, being influential in the area. As this could cause local biases and a strong possibility that witnesses cannot freely testify due to fear and influence of the accused, the Court found it prudent and judicious to order the transfer of the cases to Quezon City.
The Court directed the Branch Clerk of Court of Branch 12, RTC, Davao City to forward the entire records of Criminal Case Nos. R-DVO-24-01439-CR and R-DVO-24-01440-CR to the Office of the Executive Judge of the RTC, Quezon City within three days from notice.
The Quezon City RTC Executive Judge was also directed to raffle the cases, upon receipt of the case records, among the judges in the station, who shall decide the cases with utmost dispatch.
The Court further directed judges in Davao City and in other stations in Mindanao where future related cases involving Quiboloy and his co-accused may be filed to motu proprio order the transmittal of the records to the Office of the Clerk of Court of the RTC, Quezon City and Metropolitan Trial Court, Quezon City, as the case may be.
In a letter dated April 4, 2024, DOJ Secretary Remulla requested the transfer of venue of the cases, “considering: (1) the significance of the subject cases extends beyond the local context, touching on broader national policies, public interest, and security concerns; and (2) the preservation of integrity of the proceedings as there is a likelihood of local biases potentially affecting the trial’s impartiality in Davao City, and pursuant to Article VIII, Section 5 (4) of the 1987 Constitution which provides that the Court has the power to order a change of venue or place of trial to forestall a miscarriage of justice where there are serious and weighty reasons present which would prevent the court of original jurisdiction from conducting a fair and impartial trial.”
