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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Facts: A resident of City Alpha robs a private bank located in City Beta by entering the bank and taking cash and negotiable instruments valued at 1,000,000 pesos at 12:15 p.m. on a Monday. He flees toward City Gamma by air and is arrested in City Delta four days later. (i) Identify the controlling doctrine on where criminal jurisdiction lies for this offense and which court has original jurisdiction. (ii) Distinguish between the place of the offense and the venue for filing the information, and indicate which governs in this scenario. (iii) Based on the facts, determine the proper forum (city and court) and the venue for filing the information, with brief justification.

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Controlling doctrine: locus delicti (place where the offense was committed). Original jurisdiction lies with the Regional Trial Court of City Beta. Place of offense: City Beta; Venue for filing the information: City Beta RTC; Proper forum: City Beta RTC; Brief justification: The robbery occurred in City Beta and the arrest location does not alter the locus delicti or the venue. Controlling doctrine: bank-robbery special rule; Original jurisdiction lies with Sandiganbayan for bank offenses over a given value; Venue: City Beta; Brief justification: arrests and other factors do not override the bank-specific rule. Controlling doctrine: last act doctrine (two-location rule). Original jurisdiction lies with RTC City Delta; Place of offense: City Beta; Venue: City Delta RTC; Brief justification: the last act occurred when the offender was arrested in City Delta, thus giving City Delta RTC jurisdiction. Controlling doctrine: territoriality with residence-based venue. Original jurisdiction lies with the Municipal Trial Court (MTC) of City Alpha; Place of offense: City Beta; Venue: City Alpha MTC; Brief justification: the offender’s residence fixes the local venue for crimes committed within the jurisdiction.

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