Read this in The Manila Times digital edition.
Dear PAO,
I am a victim of illegal recruitment. May I know the venue for filing a complaint for such a crime?
Diana
Dear Diana,
The answer to your query is found in the provisions of Section 9 of Republic Act 8042, as amended, which states the following:
"Section 9. Venue. – A criminal action arising from illegal recruitment as defined herein shall be filed with the Regional Trial Court of the province or city where the offense was committed or where the offended party actually resides at the same time of the commission of the offense: Provided, That the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. Provided, however, That the aforestated provisions shall also apply to those criminal actions that have already been filed in court at the time of the effectivity of this Act." (Emphasis and underscoring supplied)
In the case of David v. Marquez (GR 209859, June 5, 2017) penned by Associate Justice Noel Tijam, the Supreme Court elucidated:
"At the risk of being repetitive, Sec. 9 of RA 8042, however, fixed an alternative venue from that provided in Section 15(a) of the Rules of Criminal Procedure, i.e., a criminal action arising from illegal recruitment may also be filed where the offended party actually resides at the time of the commission of the offense and that the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts.
"Despite the clear provision of the law, the RTC of Manila declared that it has no jurisdiction to try the cases as the illegal Recruitment and Estafa were not committed in its territory but in Kidapawan City.
"We are, thus, one with the CA in finding that the RTC of Manila committed grave abuse of discretion and in fact, a palpable error, in ordering the quashal of the Informations. The express provision of the law is clear that the filing of criminal actions arising from illegal recruitment before the RTC of the province or city where the offended party actually resides at the time of the commission of the offense is allowed. It goes without saying that the dismissal of the case on a wrong ground, indeed, deprived the prosecution, as well as the respondent as complainant, of their day in court.
"It has been found by both the RTC and the CA that the respondent resides in Manila; hence, the filing of the case before the RTC of Manila was proper. Thus, the trial court should have taken cognizance of the case, x x x. (Emphasis and underscoring supplied).
Therefore, applying the foregoing, a criminal action arising from illegal recruitment may be filed with the Regional Trial Court of the place where either the offended party actually resides at the time of the commission of the offense, or where the offense was committed.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to [email protected]