Justice Delayed Is Justice Denied Case: Part 33

This is another case of unreasonable delay in the disposition of criminal case covering a period of 10 years and 2 months and 24 days from the time that the accused Edilberto Balibay y Bija-An and Maricel Balibay y Bija-An were arrested by the police authorities on June 16, 2004 for alleged sale of prohibited drugs “shabu” until they were finally acquitted by the Supreme Court per its decision dated September 10, 2014.

Case Of Alleged Sale Of Illegal Drugs “Shabu”

   Edilberto Balibay y Bija-An and Maricel Balibay y Bija-An 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 Cagayan de Oro City Branch 25 has rendered a decision convicting 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 Cagayan de Oro City Branch 25 has erred in convicting them since according to the accused 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 Cagayan de Oro City Branch 25 in its entirety.

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

The Supreme Court on September 10, 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 legal custody.

Unreasonable Delay In The Resolution Of Criminal Cases

   It took almost 10 years and 2 months and 24 days from the time that the accused were arrested by the police authorities on January 16, 2004 until the Supreme Court has rendered its decision dated September 10, 2014.

On appeal from the decision of the Regional Trial Court Cagayan de Oro City Branch 25 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 took substantial time before the latter 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. Edilberto Balibay y Bija-An and Maricel Balibay y Bija-An et al. G.R. No. 202701

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/september2014/202701.pdf