Categories: Politics & Government

Justice Delayed Is Justice Denied: Part 40

   This is another example of unreasonable delay in the disposition of criminal cases that took almost 9 years and 7 months and 18 days from the time that the accused Jose Alex Secreto y Villanueva was arrested by the police authorities on July 9, 2003 for alleged sale of illegal drugs “shabu” until he was finally acquitted by the Supreme Court per its decision dated February 27, 2013.

Alleged Sale Of Prohibited Drugs “Shabu”

   The accused Jose Alex Secreto y Villanueva 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 Caloocan City Branch 120 has rendered a decision dated August 7, 2006 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 Caloocan City Branch 27 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 Cebu City Branch 58 in its entirety per its decision dated February 18, 2011.

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 her release from the Bureau of Correction, Muntinlupa City per its decision dated February 27, 2013.

Unreasonable Delay In The Disposition Of Criminal Case

   It took almost 3 years and 22 days from the time that the accused was arrested by the police authorities on July 9, 2003 until the Regional Trial Court Caloocan City Branch 120 has rendered its decision dated August 7, 2006.

Related Post

On appeal from the decision of the Regional Trial Court Caloocan City Branch 120 to the Court Appeal, it took almost 4 years and 6 months and 11 days before the latter court has rendered its decision dated February 18, 2013.

From the decision of the Court of Appeal to the Supreme Court, it took the latter court almost 2 years and 9 days before it resolve the instant case per its decision dated February 27, 2013.

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. Jose Alex Secreto y Villanueva G.R. No. 198115

https://docs.google.com/viewer?url=http%3A//sc.judiciary.gov.ph/jurisprudence/2013/february2013/198115.pdf

 




  • Arnold Cruz

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