Categories: Politics & Government

Justice Delayed Is Justice Denied: Part 18

   This is another case of unreasonable delay in the disposition of criminal case which took almost 11 years and 4 months and 20 days from the time that the accused Joselito Beran y Zapanta @ “Jose” was arrested by the police authorities on August 26, 2003 for the alleged sale of illegal drugs “shabu” until he was finally acquitted by the Supreme Court per its decision dated January 15, 2014.

Case Of Alleged Sale Of Prohibited Drugs “Shabu”

   Joselito Beran y Zapanta@ “Jose” was arrested by the police authorities on August 26, 2003 for the alleged sale of illegal drugs “shabu” and was subsequently charged in an Information for “Violation of Sec. 5, Art. II, of R.A. 9165”, otherwise known as “The Comprehensive Dangerous Drugs Act of 2002.”

During his arraignment the accused has entered a plea of not guilty.

After the trial, the Regional Trial Court of Manila Branch 13 has rendered a decision convicting the accused for illegal sale of drugs ‘shabu” and imposing upon him the penalty of life imprisonment and a fine of 500,000.00 Philippine Pesos.

He appealed his conviction before the Court of Appeal, contending among other things, that the prosecution has failed to prove his guilt beyond reasonable doubt.

The Court of Appeal however has sustained the judgment of conviction of the Regional Trial Court of Manila Branch 13 in its entirety per its decision dated March 9, 2012.

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

The Supreme Court on January 15, 2014 has reverse 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 Drugs Act of 2002” and further order his release from the National Penitentiary, Muntinlupa City.

Unreasonable Delay In The Disposition Of Criminal Case

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   It took almost 6 years and 7 months and 23 days from the time that the accused was arrested on August 26, 2003 until the Regional Trial Court Manila Branch 13 has rendered a decision dated April 19, 2010.

On appeal from the decision of the Regional Trial Court Manila Branch 13 to the Court of Appeal, it took almost 1 year and 10 months and 18 days before the Court of Appeal has ruled on his appeal on March 9, 2012.

From the ruling of the Court of Appeal until the elevation of the case to the Supreme Court, it took almost 1 year and 10 months and 6 days before the latter court has finally rendered a favorable decision dated January 15, 2014.

In truth, this is another case of justice delayed is justice denied situation under the Philippine laws and jurisprudence.

How many more persons are languishing in jail until their criminal cases are finally resolved and decided by the Supreme Court?

There must be some other ways and means to make the constitutional right of the accused to a speedy trial a living reality.

Case reference:  People of the Philippines vs. Joselito Beran y Zapanta @ “Jose” http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/january2014/203028.pdf

 

 




  • Arnold Cruz

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