Categories: Politics & Government

Justice Delayed Is Justice Deny Case: Part III

   This is another case of slow disposition of criminal cases covering a period of around 7 years and 3 months and 18 days from the time that the accused Monir Jaafar y Tambaluyong was arrested for alleged sale of illegal drugs “shabu” by the police until he was finally acquitted by the Supreme Court last January 18, 2017.

Case Of Illegal Sale of Drugs

   Monir Jaafar y Tambaluyong was arrested for the alleged sale of illegal drugs “shabu” on September 11, 2009 by the police and subsequently charged on the same date in an Information for “Violation of Section 5, Article II, of Republic Act No. 9165” otherwise known as the “Comprehensive Dangerous Drug Act of 2002”.

When arraigned the accused pleaded not guilty.

After the trial, the Regional Trial Court of Isabela City has rendered a decision dated May 15, 2012 convicting the accused for the crime of sale of drugs 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 Isabela City erred in convicting him since according to him the prosecution has failed to prove his guilt beyond reasonable doubt.

The Court of Appeal however sustained the judgment of conviction by the Regional Trial Court of Isabela City in its entirety per its decision dated February 24, 2015.

Hence, he elevates the ruling of the Court of Appeal before the Supreme Court as the court of last resort.

On January 18, 2017, the Supreme Court has reverse and set aside the judgment 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 Act of 2002” and at the same time ordered his immediate release from the Bureau of Corrections, Muntinlupa City.

Delay In The Case Disposition

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   It took almost 2 years and 8 months and 4 days from the time that the accused was arrested on September 11, 2009 until the Regional Trial Court has rendered its Decision on May 15, 2012.

On appeal from the Regional Trial Court of Isabela City to the Court of Appeal it almost took 2 years and 9 months and 9 days before the Court of Appeal ruled on his appeal on January 24, 2015.

From the ruling of the Court of Appeal up to the elevation of the case to the Supreme Court, it took the latter court almost 1 year and 10 months and 8 days before the same finally rendered a favorable judgment of acquittal to the accused.

Thus, it almost took 7 years and 3 months and 18 days before Monir Jaafar y Tambuluyong obtained justice in this instant case.

How many more persons accused of crime are still languishing in jail due to the slow disposition of their criminal cases in court?

Until when are they going to wait before their cases has reached the highest court of the land which is the Supreme Court to finally obtained illusive justice?

 

Case reference: People of the Philippines vs.  Monir Jaafar y Tmabaluyong G.R. No. 219829 http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2017/january2017/219829.pdf

Image source: https://correspondent.afp.com/dead-bodies-and-hellish-prisons-philippines-police-graveyard-shift




  • Arnold Cruz

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