This is another case of unreasonable delay in the disposition of criminal case covering a period of 11 years and 4 months and 19 days from the time that the accused Marcelino Veterbo y Realubit and Ronald Viterbo y Realubit were arrested by the police authorities on March 4, 2003 for alleged sale of prohibited drugs “shabu” until they were finally acquitted by the Supreme Court per its decision dated July 23, 2014.
Case Of Alleged Sale Of Illegal Drugs “Shabu”
Marcelino Viterbo y Realubit and Ronald Viterbo y Realubit were charged in an Information for alleged “Violation of Section 5, Art. II, of R.A. 9165” otherwise known as “The Comprehensive Dangerous Drugs Act of 2002”.
When arraigned the accused has entered a plea of not guilty.
After the trial, the Regional Trial Court of Ligao City Branch 14 has rendered a decision dated March 24, 2008 convicting both of the accused and imposing upon them the penalty of life imprisonment and a fine of 500,000.00 Philippine Pesos.
They appeal their conviction before the Court of Appeal, contending among other things, that the Regional Trial Court of Ligao City Branch 14 has erred in convicting them since according to them the prosecution has failed to prove to establish their guilt beyond reasonable doubt.
The Court of Appeal however has sustained the judgment of conviction of the Regional Trial Court Ligao City Branch 14 in its entirety per its decision dated February 29, 2012.
Thus, they bring the ruling of the Court of Appeal before the Supreme Court.
The Supreme Court on July 23, 2014 has reverse and set aside the judgment of conviction of the Regional Trial Court 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 futher order for the release of theaccused from the National Penitentiary.
Unreasonable Delay In The Resolution Of Criminal Cases
It took almost 5 years and 20 days from the time that the accused were arrested by the police authorities on March 4, 2003 until the Regional Trial Court Ligao City Branch 14 has rendered its decision dated March 24, 2008.
On appeal from the decision of the Regional Trial Court Ligao City Branch 14 to the Court of Appeal, it took almost 3 years and 11 months and 5 days before the Court of Appeal has ruled on his appeal on February 29, 2012.
From the ruling of the Court of Appeal up to the elevation of the case to the Supreme Court, it took almost 2 years and 4 months and 24 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.
How many more accused are languishing in jail before the Supreme Court finally resolved their criminal cases?
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. Marcelino Viterbo y Realubit et al. G.R. No. 203434
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/203434.pdf
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