Categories: Politics & Government

Justice Delayed Is Justice Denied: Part 20

   This is another case of unreasonable delay in the disposition of criminal case which took almost 16 years and 1 day from the time that the accused Felimon Patentes y Zamora was arrested by the police authorities for the alleged crime of “Forcible Abduction with Rape” until he was finally acquitted by the Supreme Court per its decision dated February 12, 2014.

8 Criminal Cases Of Alleged “Forcible Abduction With Rape”

   Felimom Patentes y Zamora was arrested by the police authorities for the alleged eight (8) criminal cases of “Forcible Abduction With Rape” and was subsequently charged in an eight (8) Information for the complex crime of “Forcible Abduction With Rape” defined and penalized under the Revised Penal Code.

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

After the trial, the Regional Trial Court has rendered its decision in all the eight (8) criminal cases for “Forcible Abduction With Rape” convicting the accused under the said eight (8) Information for the crime of “Forcible Abduction With Rape”   and imposing upon him the penalty reclusion perpetua (20 years and 1 day to 40 years of imprisonment) plus damages in each of the charges.

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 in its entirety in all of the eight (8) criminal cases.

Thus, he 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 eight (8) crimes of “Forcible Abduction With Rape” and further order his release from the custody of the law

Related Post

Unreasonable Delay In The Disposition Of Criminal Case

   It took almost 16 years and 1 day from the time that the accused was arrested on December 13, 1998 until the Supreme Court has rendered a favorable decision acquitting the accused per its decision dated February 12, 2014.

It is hard to explain why it took more than 16 years from the time that this alleged crime has happened until it was finally disposed by the Supreme Court.

The nature of the crime of Rape is such that it is hard to prove on the part of the complainant but even harder on the part of the person accused of this kind of crime to establish his innocence since most often than not there is no other witnesses around except for the victim and the accused.

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 for quite a long time 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. Felimon Patentes y Zamora http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/february2014/190178.pd

 




  • Arnold Cruz

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