This is another example of unreasonable delay in the disposition of criminal cases that took almost 11 years and 2 months and 14 days from the time that the accused Charve John Lagahit was arrested by the police authorities on August 29, 2003 for alleged sale of illegal drugs “shabu” until he was finally acquitted by the Supreme Court per its decision dated November 12, 2014.
Alleged Sale Of Prohibited Drugs “Shabu”
The accused Charve John Lagahit was charged in an Information for “Violation of Sec. 5, Art. II, of R.A. No. 9165” otherwise known as “The Comprehensive Dangerous Drugs Act of 2002”.
During his arraignment the accused has entered a plea of not guilty.
After due trial, the Regional Trial Court of Cebu City Branch 13 has rendered a decision convicting the accused for the crime of “Violation of Sec.5, Art. II, of R.A. No. 9165”, otherwise known as “The Comprehensive Dangerous Drugs Act of 2002” and imposing upon him the penalty of life imprisonment and a fine of 500,000.00 Philippine Pesos.
He appeal the decision of the Regional Trial Court Cebu City Branch 13 to the Court of Appeal, contending among other things that the Trial Court has erred in convicting him since the prosecution has failed to prove his guilt beyond reasonable doubt.
The Court of Appeal has affirmed the judgment of conviction by the Regional Trial Court Cebu City Branch 13 in its entirety per its decision dated March 17, 2011.
The accused has elevated the decision of the Court of Appeal before the Supreme Court. The latter court has reversed 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 Drug Act of 2002” and further order his release from the Bureau of Correction, Muntinlupa City per its decision dated November 12, 2014.
Unreasonable Delay In The Disposition Of Criminal Case
It took almost 3 years and 9 months and 24 days from the time that the accused was arrested by the police authorities on August 29, 2003 until the Regional Trial Court Cebu City Branch 13 has rendered its decision dated June 21, 2007.
On appeal from the decision of the Regional Trial Court Cebu City Branch 13 to the Court Appeal, it took almost 3 years and 9 months and 25 days before the latter court has rendered its decision dated March 17, 2011.
From the decision of the Court of Appeal to the Supreme Court, it took the latter court almost 4 years and 7 months and 25 days before it resolve the instant case per its decision dated November 12, 2014.
How many more persons accused of crime is languishing in jail for the moment until they finally obtained justice? This jurisprudence is merely one example.
There must be some ways and means to give the right of the accused to a speedy trial provided for under the constitution a living reality.
Otherwise, justice delayed will indeed be justice denied.
Case reference: People of the Philippines vs. Charve John Lagahit G.R. No. 200877
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/november2014/200877.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
View Comments
That is even shorter than those that have suffered 18 years in one of your previous posts.
In my opinion, when it took as long as 18 years before a person is proven innocent, the accuser should be made to pay a penalty for being the cause of him languishing in jail for a crime he didn't commit.
At least it could be a nice compensation for those waster 18 years in jail.