Case Summary (G.R. No. 12827)
Background of the Case
Petitioner Wenefredo Calme, along with four co-accused, was charged with the murder of Edgardo Bernal, who was allegedly thrown overboard the vessel. Following the filing of the information for murder, Calme contested the jurisdiction of the Regional Trial Court (RTC), Branch 12 in Oroquieta City, asserting that the alleged crime took place in the waters off Siquijor Island, thus rendering the RTC without proper jurisdiction. His motion to quash was denied by Judge Celso Conol, leading to an appeal to the Court of Appeals, which upheld the RTC's jurisdiction in its decision dated December 10, 1993.
Jurisdictional Issues Raised
The primary legal question revolved around whether the RTC in Oroquieta City had jurisdiction over the murder charge against Calme. The petitioner contended that Rule 110, Section 15(a) of the Revised Rules of Court, which guides the determination of proper venue and jurisdiction, was applicable, asserting that jurisdiction should lie in Siquijor. He argued that since the Marine Protest indicated the ship was 8.0 miles off Minalonan Point, Siquijor, at the time the incident was reported, this location should be deemed the site of the offense.
Legal Analysis of Venue and Jurisdiction
The Court found this contention to be without merit, reasoning that the precise location where the crime was committed was not adequately established. The Marine Protest merely indicated the vessel's location when the captain received notification of a passenger overboard, which did not conclusively prove that the murder occurred in that particular area.
The Court emphasized the definition of "in transit," asserting that it describes a vessel's movement from one place to another. According to Section 15(c) of Rule 110, should a crime occur on board a vessel during its voyage, the criminal action may be instituted in the proper court of either the first port of entry or any municipality/territory through which the vessel passed. Since the alleged crime occurred onboard the vessel while it was en route, the applicable jurisdiction is the RTC in Oroquieta City, as it served as the first port of entry following the incident.
Rejection of Additional Arguments
Furthermore, Calme argued that under the previous Act No. 400—the provisions of which he claimed influenced the drafting of Rule 110—Oroquieta City should be excluded from the list of suitable venues for prosecution. The Court found his reliance on Act No. 400 misplaced, reiterating that Rule 110, as cu
...continue readingCase Syllabus (G.R. No. 12827)
Case Overview
- Petitioner: Wenefredo Calme
- Respondents: Court of Appeals, Former 10th Division, with Hon. Antonio M. Martinez as Chairman, and Hon. Cancio C. Garcia and Hon. Ramon Mabutas as Members
- G.R. No.: 116688
- Date of Decision: August 30, 1996
- Court: Supreme Court of the Philippines
- Context: Petitioner appeals the decision of the Court of Appeals affirming the jurisdiction of the Regional Trial Court (RTC), Branch 12, Oroquieta City over a murder charge against him.
Factual Background
- The case stems from an incident on May 12, 1991, where Edgardo Bernal was allegedly murdered by being thrown overboard from the M/V "Cebu City," an interisland passenger ship owned by William Lines, Inc.
- The vessel was en route from Ozamis City to Cebu City at the time of the incident.
- Calme, along with four others, was accused of the crime, prompting him to challenge the jurisdiction of the Oroquieta RTC.
Procedural History
- Petitioner filed a motion to quash the information for murder, asserting that the Oroquieta RTC lacked jurisdiction over the case.
- The motion was denied by Judge Celso Conol of the RTC.
- Petitioner subsequently filed a petition for certiorari and prohibition with the Court of Appeals, which was dismissed in a decision dated December 10, 1993.
- A motion for recons