This is another example of unreasonable delay in the disposition of criminal cases that took almost 7 years and 4 months and 14 days from the time that the accused Reynaldo Nacua was arrested by the police authorities on September 16, 2005 for alleged sale of illegal drugs “shabu” until he was finally acquitted by the Supreme Court per its decision dated January 30, 2013.
Alleged Sale Of Prohibited Drugs “Shabu”
The accused Reynaldo Nacua 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 58 has rendered a decision dated March 17, 2008 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 58 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 58 in its entirety per its decision dated July 28, 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 her release from the Bureau of Correction, Muntinlupa City per its decision dated January 30, 2013.
Unreasonable Delay In The Disposition Of Criminal Case
It took almost 2 years and 6 months and 1 day from the time that the accused was arrested by the police authorities on September 16, 2005 until the Regional Trial Court Cebu City Branch 58 has rendered its decision dated March 17, 2008.
On appeal from the decision of the Regional Trial Court Cebu City Branch 58 to the Court Appeal, it took almost 3 years and 4 months and 11 days before the latter court has rendered its decision dated July 28, 2011.
From the decision of the Court of Appeal to the Supreme Court, it took the latter court almost 7 years and 4 months and 14 days before it resolve the instant case per its decision dated January 30, 2013.
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. Reynaldo Nacua G.R. No. 200165
https://docs.google.com/viewer?url=http%3A//sc.judiciary.gov.ph/jurisprudence/2013/january2013/200165.pdf
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