Categories: Politics & Government

Justice Delayed Is Justice Denied Case: Part 27

This is another case of unreasonable delay in the disposition of criminal case covering a period of 6 years and 9 months and 26 days from the time that the accused Larry Mendoza y Estrada was arrested by the police authorities on August 28, 2007 for alleged sale of prohibited drugs “shabu” until he was finally acquitted by the Supreme Court per its decision dated June 23, 2014.

Case Of Alleged Sale Of Illegal Drugs “Shabu”

   Larry Mendoza y Estrada was charged in an Information for alleged “Violation of Section 5, Art. II, of R.A. 9165” otherwise known as “The Comprehensive Dangerous Drugs Act of 2002”.

When arraigned the accused has entered a plea of not guilty.

After the trial, the Regional Trial Court Binangonan, Rizal Branch 67 has rendered a decision dated February 24, 2009 convicting the accused and imposing upon him the penalty of life imprisonment and a fine of 500,000.00 Philippine Pesos.

He appeal his conviction before the Court of Appeal, contending among other things, that the Regional Trial Court Binangonan, Rizal Branch 67 has erred in convicting him since the prosecution has failed to prove to establish his guilt beyond reasonable doubt.

The Court of Appeal however has sustained the judgment of conviction of the Regional Trial Court Binangonan, Rizal Branch 67 in its entirety per its decision dated April 26, 2010.

Thus, he brings the ruling of the Court of Appeal before the Supreme Court.

The Supreme Court on June 23, 2014 has reverse and set aside the judgment of conviction of the Regional Trial Court and acquitted the accused for the crime of “Violation of Sec. 5, Art. II, of R.A. 9165” otherwise known as “The Comprehensive Dangerous Drugs Act of 2002”.

Unreasonable Delay In The Resolution Of Criminal Cases

   It took almost 1 year and 5 months and 27 days from the time that the accused was arrested by the police authorities on August 28, 2007 until the Regional Trial Court Binangonan, Rizal Branch 67 has rendered its decision dated February 24, 2009.

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On appeal from the decision of the Regional Trial Court Binangonan, Rizal Branch 67 to the Court of Appeal, it took almost 1 year and 2 months and 2 days before the Court of Appeal has ruled on his appeal on April 26, 2010.

From the ruling of the Court of Appeal up to the elevation of the case to the Supreme Court, it took almost 4 years and 1 month and 28 days before the latter court has finally rendered a favorable judgment of acquittal to the accused.

In truth this is another case of justice delayed is justice denied case under the Philippine laws and jurisprudence.

How many more accused are languishing in jail before the Supreme Court finally resolved their criminal cases?

There must be some ways and means in order to give the constitutional rights of the accused to a speedy trial a living reality.

 

Case reference:  People of the Philippines vs. Larry Mendoza y Estrada G.R. No. 192432 http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/june2014/192432.pdf

 

 

 

 




  • Arnold Cruz

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