Categories: Politics & Government

Justice Delayed Is Justice Denied: Part 36

This is another example of unreasonable delay in the disposition of criminal cases that took almost 14 years and 17 days from the time that the accused Garry de la Cruz y de Guzman was arrested by the police authorities on September 14, 2014 for alleged sale of illegal drugs “shabu” until he was finally acquitted by the Supreme Court per its decision dated October 1, 2014.

Alleged Sale Of Prohibited Drugs “Shabu”

   The accused Garry de la Cruz y de Guzman was charged in an Information for “Violation of Sec. 5, Art. II, of R.A. No. 9165” otherwise known as “The Comprehensive Dangerous Drugs Act of 2002”.

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

After due trial, the Regional Trial Court of Zamboanga City Branch 13 has rendered a decision convicting the accused for the crime of “Violation of Sec.5, Art. II, of R.A. No. 9165”, otherwise known as “The Comprehensive Dangerous Drugs Act of 2002” and imposing upon him the penalty of life imprisonment and a fine of 500,000.00 Philippine Pesos.

He appeal the decision of the Regional Trial Court Zamboanga City Branch 13 to the Court of Appeal, contending among other things that the Trial Court has erred in convicting him since the prosecution has failed to prove his guilt beyond reasonable doubt.

The Court of Appeal has affirmed the judgment of conviction by the Regional Trial Court Zambonga City Branch 13 in its entirety per its decision dated May 31, 2012.

The accused has elevated the decision of the Court of Appeal before the Supreme Court. The latter court has reversed 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 Drug Act of 2002” and further order his release from the Bureau of Correction, Muntinlupa City per its decision dated October 1, 2014.

Unreasonable Delay In The Disposition Of Criminal Case

   It took almost 5 years and 11 months and 5 days from the time that the accused was arrested by the police authorities on September 14, 2004 until the Regional Trial Court Zamboanga City Branch 13 has rendered its decision dated August 19, 2010.

On appeal from the decision of the Regional Trial Court Zamboanga City Branch 13 to the Court Appeal, it took almost 1 year and 9 months and 11 days before the latter court has rendered its decision dated May 31, 2012.

Related Post

From the decision of the Court of Appeal to the Supreme Court, it took the latter court almost 2 years and 4 months and 1 day before it resolve the instant case per its decision dated October 1, 2014.

How many more persons accused of crime is languishing in jail for the moment until they finally obtained justice? This jurisprudence is merely one example.

There must be some ways and means to give the right of the accused to a speedy trial provided for under the constitution a living reality.

Otherwise, justice delayed will indeed be justice denied.

 

Case reference: People of the Philippines vs. Garry de la Cruz y de Guzman G.R. No. 205821

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/october2014/205821.pdf

 

 

 




  • Arnold Cruz

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