4/10/2020
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SEC. 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 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.
But there is nothing arbitrary or unconstitutional in Congress fixing an alternative
venue for violations of Section 6 of R.A. 8042 that differs from the venue established by
the Rules on Criminal Procedure. Indeed, Section 15(a), Rule 110 of the latter Rules
allows exceptions provided by laws. Thus:
SEC. 15. Place where action is to be instituted.— (a) Subject to existing
laws, the criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed or where any of
its essential ingredients occurred. (Emphasis supplied)
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Section 9 of R.A. 8042, as an exception to the rule on venue of criminal actions is,
consistent with that law’s declared policy[15] of providing a criminal justice system that
protects and serves the best interests of the victims of illegal recruitment.
G.R. 167590, G.R. 182978-79,[16] and G.R. 184298-99[17]
(Constitutionality of Section 10, last sentence of 2nd paragraph)
G.R. 182978-79 and G.R. 184298-99 are consolidated cases. Respondent spouses
Simplicio and Mila Cuaresma (the Cuaresmas) filed a claim for death and insurance
benefits and damages against petitioners Becmen Service Exporter and Promotion, Inc.
(Becmen) and White Falcon Services, Inc. (White Falcon) for the death of their
daughter Jasmin Cuaresma while working as staff nurse in Riyadh, Saudi Arabia.
The Labor Arbiter (LA) dismissed the claim on the ground that the Cuaresmas had
already received insurance benefits arising from their daughter’s death from the
Overseas Workers Welfare Administration (OWWA). The LA also gave due credence to
the findings of the Saudi Arabian authorities that Jasmin committed suicide.
On appeal, however, the National Labor Relations Commission (NLRC) found Becmen
and White Falcon jointly and severally liable for Jasmin’s death and ordered them to
pay the Cuaresmas the amount of US$113,000.00 as actual damages. The NLRC relied
on the Cabanatuan City Health Office’s autopsy finding that Jasmin died of criminal
violence and rape.
Becmen and White Falcon appealed the NLRC Decision to the Court of Appeals (CA).
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55341
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