Categories: Politics & Government

Justice Delayed Is Justice Denied Case: Part 22

This is another case of unreasonable delay in the disposition of criminal case covering a period of 18 years and 9 months and 23 days from the time that the accused Dr. Frenando P. Solidum was charged by the authorities on May 17, 1995 for alleged “Reckless Imprudence Resulting To Serious Physical Injuries” until he was finally acquitted by the Supreme Court per its decision dated March 10, 2014.

Case Of Alleged “Reckless Imprudence Resulting To Serious Physical Injuries”

   Dr. Fernando P. Solidum was charged in an Information for alleged “Reckless Imprudence Resulting To Serious Physical Injuries” defined and penalized under the Revised Penal Code.

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

After the trial, the Regional Trial Court has rendered a decision dated July 19, 2004 convicting the accused and imposing upon him the indeterminate penalty of 2 months and 1 day of aresto mayor as minimum to 1 year and 1 month and 10 days as maximum of prision correctional as maximum as well as to pay moral and exemplary damages to the private complainant.

He appeal his conviction before the Court of Appeal, contending among other things, that the Regional Trial Court has erred in convicting him since the prosecution has failed to prove to establish his guilt beyond reasonable doubt.

The Court of Appeal however has sustained the judgment of conviction of the Regional Trial Court in its entirety per its decision dated January 20, 2010.

Thus, he brings the ruling of the Court of Appeal before the Supreme Court.

The Supreme Court on March 10, 2014 has reverse and set aside the judgment of conviction of the Regional Trial Court and acquitted the accused for the crime of “Reckless Imprudence Resulting To Serious Physical Injuries” defined and penalized under the Revised Penal Code.

Unreasonable Delay In The Resolution Of Criminal Cases

   It took almost 9 years and 2 months and 2 days from the time that the accused was charged by the authorities on May 17, 2004 until the Regional Trial Court has rendered its decision dated July 19, 2004.

On appeal from the decision of the Regional Trial Court to the Court of Appeal, it took almost 5 years and 6 months and 1 day before the Court of Appeal has ruled on his appeal on January 20, 2010.

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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 1 month and 18 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 denied case under the Philippine laws and jurisprudence.

One could but asked why did it take almost more than 18 years before this case was finally disposed by the Supreme Court?

There must be some ways and means in order to give the constitutional rights of the accused to a speedy trial a living reality.

 

Case reference:  People of the Philippines vs. Dr. Fernando P. Solidum G.R. No. 192123  http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/march2014/192123.pdf

 

 

 

 

 




  • Arnold Cruz

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