Categories: Politics & Government

Justice Delayed Is Justice Denied: Part 38

   This is another example of unreasonable delay in the disposition of criminal cases that took almost 10 years and 9 months and 15 days from the time that the accused Rosalinda Casabuena was arrested by the police authorities on February 4, 2004 for alleged sale of illegal drugs “shabu” until he was finally acquitted by the Supreme Court per its decision dated November 19, 2014.

Alleged Sale Of Prohibited Drugs “Shabu”

   The accused Rosalinda Casabuena 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 Laoag City Branch 16 has rendered a decision dated November 16, 2007 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 her the penalty of life imprisonment and a fine of 500,000.00 Philippine Pesos.

She appeal the decision of the Regional Trial Court Laoag City Branch 16 to the Court of Appeal, contending among other things that the Trial Court has erred in convicting her since the prosecution has failed to prove her guilt beyond reasonable doubt.

The Court of Appeal has affirmed the judgment of conviction by the Regional Trial Court Laoag City Branch 16 in its entirety per its decision dated June 25, 2008.

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 her release from the Bureau of Correction, Muntinlupa City per its decision dated November 19, 2014.

Unreasonable Delay In The Disposition Of Criminal Case

   It took almost 3 years and 8 months and 12 days from the time that the accused was arrested by the police authorities on February 4, 2004 until the Regional Trial Court Laoag City Branch 16 has rendered its decision dated November 16, 2007.

Related Post

On appeal from the decision of the Regional Trial Court Laoag City Branch 16 to the Court Appeal, it took almost 7 months and 9 days before the latter court has rendered its decision dated June 25, 2008.

From the decision of the Court of Appeal to the Supreme Court, it took the latter court almost 6 years and 5 months and 25 days before it resolve the instant case per its decision dated November 19, 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. Rosalinda Casabuena G.R. No. 186455

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/november2014/186455.pdf

 




  • Arnold Cruz

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