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All Jurisprudence based

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

A resident of City Alpha enters a jewelry store in City Beta at 4:30 p.m. on a Thursday and steals jewelry valued at 2,500,000 pesos. He flees toward City Gamma by car and is arrested in City Delta two days later. (a) Identify the controlling doctrine on where criminal jurisdiction lies for this offense and which court has original jurisdiction. (b) Distinguish between the place of the offense and the venue for filing the information, and indicate which governs in this scenario. (c) 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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The controlling doctrine is the place-of-offense (territorial) principle; the Regional Trial Court of City Beta has original jurisdiction over this offense; the venue for filing is the place where the offense occurred (City Beta); the proper forum is the RTC of City Beta, and the information should be filed there. The controlling doctrine is the arrest-site principle; the RTC of City Delta (where the accused was arrested) has original jurisdiction; the venue is City Delta; the information should be filed there. The controlling doctrine is the domicile principle; the RTC in City Alpha (the accused's domicile) has original jurisdiction; the venue is City Alpha; the information should be filed there. According to the arrest-location rule, the information may be filed in City Delta where the arrest happened, regardless of where the offense occurred.

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