Justice Delayed Is Justice Denied: Part 25

This is another case of unreasonable delay in the disposition of criminal case which took almost 10 years and 9 months and 13 days from the time that the accused Marlon Abetong y Andrado was arrested by the police authorities for the alleged sale of illegal drugs “shabu” on August 22, 2003 until he was finally acquitted by the Supreme Court per its decision dated June 4, 2014.

Case Of Alleged Sale Of Prohibited Drugs “Shabu”

   Marlon Abetong y Andrado was arrested by the police authorities on August 22, 2003 for the alleged  sale of prohibited drugs “shabu” and was subsequently charged in an Information for “Violation of Sec. 5, Art. II, of R.A. 9165” otherwise known as “The Comprehensive Dangerous Drugs Act of 2002”.

During his arraignment the accused has entered a plea of not guilty to the charge.

After the trial, the Regional Trial Court Bacolod City Branch 47 has rendered its decision convicting the accused for the crime of illegal sale of drugs “shabu” and imposing upon him the penalty of life imprisonment and a fine of 500,000.00 Philippine Pesos.

He appealed his conviction before the Court of Appeal, contending among other things, that the prosecution has failed to prove his guilt beyond reasonable doubt.

The Court of Appeal however has sustained the judgment of conviction of the Regional Trial Court Bacolod City Branch 47 in its entirety per its decision dated June 28, 2013.

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

The Supreme Court on June 4, 2014, has reverse and set aside the decision of the Court of Appeal 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” and further order his release from the custody of the law unless he is being detained for some other legal cause or causes.

Unreasonable Delay In The Disposition Of Criminal Case

   It took almost 7 years and 9 months and 3 days from the time that the accused was arrested on August 22, 2003 until the Regional Trial Court Bacolod City Branch 47 has rendered a decision dated May 25, 2011.

It took almost 3 years and 1 month and 3 days from the date the Regional Trial Court of Bacolod City Branch 47 has rendered it decision until the Court of Appeal has rendered a decision dated June 28, 2013.

Likewise, it took almost 11 months and 24 days from the time that the Court of Appeal has rendered its decision until the Supreme Court has finally ruled the matter on June 4, 2014.

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

How many more persons are languishing in jail for quite a long time until their criminal cases are finally resolved and decided by the Supreme Court?

There must be some other ways and means to make the constitutional right of the accused to a speedy trial a living reality.

Case reference:  People of the Philippines vs. Marlon Abetong y Andrado G.R. No. 209785

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/june2014/209785.pdf