Categories: Politics & Government

Justice Delayed Is Justice Denied: Part 41

   This is another case that demonstrates the unreasonable delay in the termination of criminal cases in court: it took almost 15 years and 4 months and 22 days from the time that the accused Rolando Rondina was arraigned on February 8, 1999 until he was finally acquitted by the Supreme Court per its decision June 30, 2014.

Case Of Alleged “Rape” Against The Accused

   The accused Rolando Rondina was charged in an Information for the crime of “Rape” defined and penalized under the Revised Penal Code in relation to Art. 266-A in further relation to Art.266-B(5)(1) of R.A. 8353 otherwise known as “The Anti-Rape law of 1997”.

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

After the course of the trial, the Regional Trial Court Basey, Samar Branch 30 has found him guilty and sentenced him to suffer the penalty of reclusion perpetua (20 years and 1 day to 40 years imprisonment) and to pay indemnity and moral damages to the complainant.

Not satisfied with the ruling of the Regional Trial Court of Basey, Samar Branch 30, he appealed the decision to the Court of Appeal. The latter court has affirmed in its entirety the judgment of the trial court per its decision dated September 27, 2012.

He 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 acquit the accused for the crime of “Rape” defined and penalized under the Revised Penal Code in relation to Art. 266-A(2) and in further relation to Art. 266(B)(5)(1) of R.A. 8353 otherwise known as “The Anti-Rape Law of 1997” and further order the accused release from the Bureau of Corrections Muntinlupa City.

Unreasonable Delay In The Disposition Of Criminal Case

   As already stated from the outset, it took almost 15 years and 4 months and 22 days from the time that the accused Rolando Rondina was arraigned on February 8, 1999 until the Supreme Court has finally acquitted him per its decision dated June 30, 2014.

It took almost 15 years and 7 months and 5 days from the time that the accused was arraigned on February 8, 1999 until the Regional Trial Court of Basey, Samar Branch 30 has rendered its decision dated September 13, 2004.

While it took almost 8 years and 14 days from the time that he appealed the decision of the Regional Trial Court Basey, Samar Branch 30 to the Court of Appeal until the latter court has decided the case per its decision dated September 27, 2012.

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From the Court of Appeal to the Supreme Court, it took almost 1 year and 9 months and 3 days before the latter court has finally resolve the matter per its decision dated June 30, 2014.

The long delay in the disposition of criminal cases while the accused continue to languish in jail for quite a long time is not a good practice in the administration of justice.

There is the constitutional right of the accused to speedy trial enshrined under the 1987 Philippine Constitution that must be observe by all the court.

If this will not be followed then the right to speedy trial will become an illusory dream and will be tantamount indeed to justice delayed is justice denied.

Case reference: People of the Philippines vs. Rolando Rondina G.R. No. 207763

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/november2014/208749.pdf

 

 

 

 




  • Arnold Cruz

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