This is another classic example of unreasonable delay in the disposition of criminal cases covering a period of around 12 years and 3 months and 14 days from the time that the accused Jomer Butial was arrested by the police authorities on October 21, 2002 for alleged sales of prohibited drugs known as “shabu” until he was finally acquitted by the Supreme Court on February 4, 2015.
Case Of Alleged Illegal Sale Of “Shabu”
Jomer Butial was arrested for the alleged sales of illegal drugs known as “shabu” on October 21, 2002 by the police authorities and subsequently charged in an Information for “Violation of Section 5, Art. II, of R.A. 9165, otherwise known as “The Comprehensive Dangerous Drug Act of 2002”.
When arraigned the accused has entered a negative plea.
After the trial, the Regional Trial Court of Tabaco City Branch 17 has rendered a decision dated December 3, 2007 convicting the accused for illegal sale of drugs “shabu” 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 of Tabaco City Branch 17 had erred in convicting him since according to the accused 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 of Tabaco City Branch 17 in its entirety per its decision dated February 26, 2010.
Thus, he brings the ruling of the Court of Appeal before the Supreme Court.
The Supreme Court on February 4, 2015, 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, Art II, of R.A. 9165” otherwise known as “The Comprehensive Dangerous Drugs Act of 2002” and further order his release from detention.
Unreasonable Delay In The Disposition Of Criminal Case
It took almost 4 years and 1 month and 13 days from the time that the accused was arrested on Cctober 21, 2007 until the Regional Trial Court of Tabaco City Branch 17 has rendered a decision dated December 3, 2007.
On appeal from the Regional Trial Court of Tabaco City Branch 17 to the Court of Appeal, it took almost 2 years and 2 months and 23 days before the Court of Appeal has ruled on his appeal on February 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 2 months and 9 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 deny situation under the Philippine jurisprudence.
How many more people accused of criminal cases are awaiting the illusive dream of obtaining justice in the near future? Again the question is: until when must they wait? Until when?
Case reference: People of the Philippines vs. Jomer Butial http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2015/february2015/192785.pdf
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