Justice Delayed Is Justice Deny: Part 11

   This is another example of unreasonable delay in the disposition of criminal cases covering a period of around 12 years and 7 months and 22 days from the time that the accused Enrique Miranda y Pana @ “Erika” and Alvin Alga y Miranda @ “Alvin” were arrested by the police authorities on October 7, 2003 for alleged sales and possession of prohibited drugs known as “shabu” until they were finally acquitted by the Supreme Court on June 29, 2016.

Case Of Alleged Illegal Sale And Possession of “Shabu”

Enrique Miranda and Alvin Alga were arrested for the alleged sales and posession of illegal drugs known as “shabu” on October 7, 2003 by the police authorities and subsequently charged in a two (2) separate Information for “Violation of Section 5 and Section 11, Art. II, of R.A. 9165, otherwise known as “The Comprehensive Dangerous Drug Act of 2002”.

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

After the trial, the Regional Trial Court of Malolos City Branch 76 has rendered a decision convicting the accused for illegal sale and possession of drugs “shabu” and imposing upon them the penalty of life imprisonment and a fine of 500,000.00 Philippine Pesos for sale of drugs and imprisonment from 12 years and 1 day as minimum to 13 year as maximum and a fine of 500,000.00 Philippine Pesos for possession of illegal drugs.

They appeal their conviction before the Court of Appeal, contending among other things that the Regional Trial Court of Cagayan de Oro City Branch 25 had erred in convicting them since according to the accused the prosecution has failed to prove their guilt beyond reasonable doubt.

The Court of Appeal however has sustained the judgment of conviction of the Regional Trial Court of Malolos City Branch 76 in its entirety per its decision dated June 27, 2012.

Thus, they bring the ruling of the Court of Appeal before the Supreme Court.

The Supreme Court on June 29, 2016, has reverse and set aside the judgment of conviction of the Court of Appeal and acquitted the accused for the crime of “Violation of Sec. 5 and Sec. 11 Art II, of R.A. 9165” otherwise known as “The Comprehensive Dangerous Drugs Act of 2002” and further order their release from the Bureau of Correction.

Unreasonable Delay In The Disposition Of Criminal Case

   It took almost 6 years and 1 month and 22 days from the time that the accused were arrested on October 7, 2003 until the Regional Trial Court of Malolos City City has rendered a decision dated December 7, 2009.

On appeal from the Regional Trial Court of Malolos City Branch 76 to the Court of Appeal, it took almost 2 years and 6 months and 20 days before the Court of Appeal has ruled on his appeal on June 27, 2012.

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 2 days before the latter court has finally rendered a favorable judgment of acquittal to the accused.

Indeed this is clear case of justice delayed is justice deny situation.

How many people accused of criminal case are awaiting the illusive dream of obtaining justice in the near future?

Case reference: People of the Philippines vs. Enrique Miranda, Jr y Pana @ “Erika” and Alvin Alga y Miranda @ “Alvin” G.R. No. 215192 http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/june2016/206880.pdf