Categories: Politics & Government

Justice Delayed Is Justice Denied: Part 23

   This is another case of unreasonable delay in the disposition of criminal case which took almost 9 years and 4 months and 26 days from the time that the accused Sukarno Junaide y Agga was arrested by the police authorities for the alleged sale of illegal drugs “shabu” on November 25, 2004 until he was finally acquitted by the Supreme Court per its decision dated April 21, 2014.

Case Of Alleged Sale Of Prohibited Drugs “Shabu”

   Sukarno Junaide y Agga was arrested by the police authorities for the alleged  sale of prohibited 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 to the charges.

After the trial, the Regional Trial Court Zamboanga City has rendered its decision  convicting the accused for the crime of 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 Zamboanga City in its entirety per its decision dated January 29, 2010.

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

The Supreme Court on April 21, 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 custody of the law unless he is being detained for some other legal cause or causes.

Unreasonable Delay In The Disposition Of Criminal Case

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   It took almost 3 years and 2 months and 5 days from the time that the accused was arrested on November 25, 2004 until the Regional Trial Court Zamboanga City has rendered a decision dated January 30, 2008.

It took almost 1 year and 11 months and 28 days from the date the Regional Trial Court of Zamboanga City has rendered it decision until the Court of Appeal has rendered a decision dated January 29, 2010.

Likewise, it took almost 4 years and 2 months and 23 days from the time that the Court of Appeal has rendered its decision until the Supreme Court has finally ruled the matter on April 21, 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 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. Sukarno Junaide y Agga http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/april2014/193856.pdf

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  • Arnold Cruz

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