This is another case of unreasonable delay in the disposition of criminal case which took almost 6 years and 10 months and 27 days from the time that the accused Merlita Palomares y Costuna was arrested by the police authorities on March 16, 2007 for the alleged sale of illegal drugs “shabu” until she was finally acquitted by the Supreme Court per its decision dated February 12, 2014.
Case Of Alleged Sale Of Prohibited Drugs “Shabu”
Merlita Palomares y Costuna was arrested by the police authorities on March 16, 2007 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 her arraignment the accused has entered a plea of not guilty.
After the trial, the Regional Trial Court of Manila has rendered its decision dated March 18, 2008 convicting the accused for illegal sale of drugs ‘shabu” and imposing upon her the penalty of life imprisonment and a fine of 500,000.00 Philippine Pesos.
She appealed her conviction before the Court of Appeal, contending among other things, that the prosecution has failed to prove her guilt beyond reasonable doubt.
The Court of Appeal however has sustained the judgment of conviction of the Regional Trial Court of Manila in its entirety per its decision dated June 23, 2011.
Thus, she brings the ruling of the Court of Appeal before the Supreme Court.
The Supreme Court on February 12, 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
It took almost 1 year and 2 days from the time that the accused was arrested on March 16, 2007 until the Regional Trial Court Manila has rendered its decision dated March 18, 2007.
On appeal from the decision of the Regional Trial Court Manila to the Court of Appeal, it took almost 3 years and 2 months and 5 days before the Court of Appeal has ruled on his appeal on June 23, 2011.
From the ruling of the Court of Appeal until the elevation of the case to the Supreme Court, it took almost 2 years and 7 months and 20 days before the latter court has finally rendered a favorable decision dated February 12, 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. Merlita Palomares y Costuna “Jose” http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/february2014/200915.pdf
What is the Main Cause of a Heart Attack? What is its Solution? A heart attack is the blockage of… Read More
In the vast economic arena, one term that often takes center stage, inciting extensive debates and discussions, is the "debt… Read More
De-Dollarization: The Changing Face of Global Finance The financial landscape is in a state of flux, with an intriguing economic… Read More
The curtains closed on a dramatic Bundesliga season with Bayern Munich standing tall once again, clinching their 11th straight title.… Read More
The Unfolding Story of Celine Dion's Health In recent news that has left fans across the globe stunned, iconic singer… Read More
As the echoes of the recent NBA season start to fade, the attention of enthusiasts is firmly glued to one… Read More