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The accused vigorously opposed such transfer. The respondent judge declined the transfer
sought, on the ground that Administrative Order No. 226 merely authorized the court below, but
did not require or command it, to transfer the cases in question, and denied that the
circumstances justified any such transfer. The prosecution resorted to the Supreme Court for
writs of certiorari and mandamus, so the cases may be tried either at La Union or Baguio City.
Issues:
1. Whether the Secretary of Justice has the power to determine what court should hear
specific cases
2. Whether the Supreme Court could transfer the trial to another place
3. Whether the circumstances warrant a transfer of the trial to another place
Decision: Judge Gutierrez was correct in regarding the Administrative Orders as merely
directory rather than mandatory, but he erred in denying that the circumstances justified the
transfer.
1. The Secretary of Justice has no power to determine what court should hear specific cases.
Any such power trenches upon the time-honored separation of the Executive and the
Judiciary; it would endanger the rights and immunities of the accused or civil party. It
could be a means of predetermining the outcome of individual cases, so as to produce a
result in harmony with the Administrations preferences.