Venue is jurisdictional

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MSOpinion 'Venue is jurisdictional'

“Any person who, although physically outside the territorial limits of the Philippines, commits, conspires, or plots to finance terrorism in the Philippines shall be tried in the country”

There are two reasons for the rule: first, trial courts can only hear and try cases involving crimes committed within their territorial jurisdiction. Second, it is grounded on the fact that where the crime took place is where the witnesses and other facilities for his defense are available . To determine whether the court has jurisdiction over a criminal case, the allegations in the criminal complaint or information are examined. However, the court should dismiss the action for want of jurisdiction, if in the course of the trial, evidence shows that the offense was committed elsewhere .

This is likewise seen in the Anti-Terrorism Act of 2020, where a Filipino citizen or national outside the territorial jurisdiction of the Philippines who conspires to commit terrorism, incites to commit terrorism, recruits people to a terrorist organization, or provides material support to terrorists shall still be tried here .

 

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