Third Issue: Jurisdiction
or Venue
The defense argues that appellant cannot be convicted of large scale illegal
recruitment because the alleged prohibited acts against complainants were committed
beyond the jurisdiction of the Regional Trial Court of Valenzuela. She points out that in
complainant Villanuevas affidavit, he stated that he first met appellant in her residence
in Quezon City. However, during complainant Villanuevas testimony in court, he stated
that he first met appellant in her office in Valenzuela.
The Rules of Court provide that in all criminal prosecutions, the action shall be
instituted and tried in the court of the municipality or province wherein the offense was
committed or any of the essential ingredients thereof took place.[25] In the case at bar, the
prosecution proved that the element of offering, promising, and advertising overseas
employment to the complainants took place in appellants office in
Valenzuela.Furthermore, it is elementary that jurisdiction in criminal cases is determined
by the allegations in the information.[26] In this case, the information filed against
appellant for illegal recruitment in large scale clearly placed the locus criminis in
Valenzuela. As stated earlier, it was in Valenzuela where the complainants were offered
or promised overseas employment by appellant. Furthermore, based on the
prosecutions evidence, the Court is sufficiently convinced that at least one element of
the crime of illegal recruitment in large scale took place in Valenzuela. Where some acts
material and essential to the crime and requisite to its consummation occur in one
province or city and some in another, the court of either province or city has jurisdiction
to try the case, it being understood that the court first taking cognizance of the case will
exclude the others.[27]
Fourth Issue: Right to Competent Counsel
Appellant, next maintains that the court a quo gravely erred in disregarding her right
to a competent and independent counsel. Appellant notes that during the presentation
of the prosecutions first witness on August 11, 1993, appellant was represented by Atty.
Hortensio Domingo, who was not her retained counsel for the case. During the hearing,
Atty. Domingo manifested that appellant herself requested him to represent her in that
days hearing since her counsel, Atty. Yuseco, was still in Cagayan. During the second,
third, fourth, and fifth hearings, appellant was represented by another counsel, a de
oficio one, a certain Atty. Ricardo Perez, again because counsel for appellant was not
around. Because of these instances, appellant claims that she was deprived of her right
to competent counsel because the lawyers who represented her in the abovementioned
hearings were not familiar with her case and, hence, were not able adequately to
protect her interests.
Article III, Section 12, paragraph (1) of the Constitution provides: