Categories: Politics & Government

Justice Delayed Is Justice Denied Case: Part 31

This is another case of unreasonable delay in the disposition of criminal case covering a period of 5 years and 8 months and 5 days from the time that the accused Victor Cogaed y Romana was arrested by the police authorities on November 25, 2005 for alleged sale of prohibited drugs “shabu” until he was finally acquitted by the Supreme Court per its decision dated July 30, 2014.

Case Of Alleged Sale Of Illegal Drugs “Shabu”

   Victor Coaged y Romana was 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 San Fernando City, La Union Branch 28 has rendered a decision dated May 21, 2008 the accused and imposing upon him 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 San Fernando City Branch 28 has erred in convicting him since according to the accused 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 San Fernando City Branch 28 in its entirety.

Thus, they bring the ruling of the Court of Appeal before the Supreme Court.

The Supreme Court on July 30, 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 further order the release of the accused from the custody of the law.

Unreasonable Delay In The Resolution Of Criminal Cases

   It took almost 2 years and 5 months and 5 days from the time that the accused were arrested by the police authorities on November 25, 2005 until the Regional Trial Court San Fernando City Branch 28 has rendered its decision dated May 21, 2008.

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On appeal from the decision of the Regional Trial Court San Fernando City Branch 28 to the Court of Appeal, it took also substantial time before the latter court has ruled on the matter.

From the ruling of the Court of Appeal up to the elevation of the case to the Supreme Court, it was only on July 30, 2014 that the Supreme Court has finally resolved the matter.

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. Victor Cogaed y RomanaG.R. No. 200334

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/200334.pdf

 

 




  • Arnold Cruz

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